Native Title in Coastal and Marine Waters

Australian Coastal and Marine Law, 2011

26 Pages Posted: 1 Oct 2015

See all articles by Samantha Hepburn

Samantha Hepburn

Deakin University, Geelong, Australia - Deakin Law School

Date Written: 2011

Abstract

This chapter examines the common law and statutory principles that regulate the recognition and enforcement of native title rights and interests within coastal and marine waters. The Native Title Act 1993 (Cth) gives statutory recognition to the common law concept of native title and specifically extends its application to offshore areas. This means that native title rights and interests are capable of being recognised in coastal waters,1 the continental shelf and in any waters over which Australia asserts sovereignty in accordance with the Seas and Submerged Land Act 1973 (Cth).2 The recognition of native title right and interests within these maritime areas is dependent upon the claim satisfying the statutory elements set out in s 223(1) of the Native Title Act. This basically requires claimants to satisfy two core elements. The first is to establish that the rights and interests claimed connect to the laws and customs practised by pre-sovereignty normative communities and that these laws and customs continue to be practised, subject to reasonable adaptations, by the descendants of such communities over the claimed area.

Suggested Citation

Hepburn, Samantha, Native Title in Coastal and Marine Waters (2011). Australian Coastal and Marine Law, 2011, Available at SSRN: https://ssrn.com/abstract=2666497

Samantha Hepburn (Contact Author)

Deakin University, Geelong, Australia - Deakin Law School ( email )

221 Burwood Highway
Burwood
Burwood, Victoria 3125, Victoria 3125
Australia

HOME PAGE: http://www.deakin.edu.au/law

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