Commonwealth v Yarmirr & Ors, Yarmirr & Ors v NT

The case of *Commonwealth v Yarmirr & Ors* and *Yarmirr & Ors v NT* involved a dispute concerning native title rights and interests in the sea country off the coast of the Northern Territory. The applicants, representing the Mandarrg and Djurrbura peoples, sought recognition of their native title rights and interests in relation to the waters and seabed of the Anbarra sea country. The respondents were the Commonwealth of Australia and the Northern Territory, who contested the extent and nature of the native title claims. The matter came before the High Court of Australia.

The primary legal issues before the High Court were whether the native title claimants had established continuous connection with the sea country according to traditional laws and customs, and whether the extinguishment of native title had occurred by the exercise of rights by the Crown, such as the grant of fishing licences or the establishment of marine parks. Specifically, the court had to consider the effect of the *Native Title Act 1993* (Cth) and the common law principles governing native title.

The High Court, in its determination, affirmed that native title rights and interests can exist in waters and the seabed, and that the traditional laws and customs of the Mandarrg and Djurrbura peoples demonstrated a sufficient connection to the Anbarra sea country. The court applied the principles established in previous native title cases, particularly concerning the nature of connection required and the circumstances under which native title might be extinguished. It was held that the exercise of certain governmental powers, such as the grant of exclusive rights to fish, could extinguish native title, but that the mere regulation of fishing or the creation of non-exclusive rights would not necessarily have this effect. The court emphasised the importance of the claimants proving their ongoing relationship with the land and waters according to their traditional laws and customs.