A group of Torres Strait Islanders has won a bid to secure commercial fishing rights under native title.
The group wants to build an economic base from commercial fishing in a vast area of sea between Australia and Papua New Guinea.
The case was strongly opposed by the Commonwealth and Queensland governments, and the fishing industry.
No one contested that the Islanders held native title over the 40,000 square kilometres of sea, but it was argued those rights no longer extended to the commercial trade of marine resources such as fish.
The Queensland Government argued native title rights over the area had been extinguished by a law that controls commercial fishing, but the full bench of the High Court found those commercial rights still exist and have not been extinguished by Commonwealth and state laws.
The High Court unanimously held that Commonwealth and Queensland legislation, which prohibited taking fish and other aquatic life for commercial purposes without a license, did not extinguish the native title right of certain communities.
The commercial native title rights are still subject to the commercial fishing licensing regime.
The native title claim was first lodged in 2001, and this week’s ruling is the final legal step.
Mick Gooda , the Aboriginal and Torres Strait Islander Social Justice Commissioner, said the High Court ruling was cause for celebration.
“Today’s result is the end of a long process for the people of the Torres Strait, and is testament to their resilience and determination.
“The High Court decision affirms the rights of native title holders to fish the Torres Strait.
“The decision also confirms that commercial fishing regulations are not in conflict with native title rights.
“Commercial fishing rights are essential to the Indigenous people of Australia, not only because they are traditional rights but because they are integral to the economic development of Indigenous communities.”
The decision comes 21 years after the historic High Court decision in Mabo, which found that native title existed on Murray Island, and almost 12 years after the Torres Strait Regional Sea Claim was first filed in the Federal Court.
