Risk v Northern Territory

The High Court of Australia considered a claim brought by Risk, representing Aboriginal traditional owners, against the Northern Territory of Australia concerning rights to the seabed of bays and gulfs within the Northern Territory's territorial sea. The central dispute revolved around whether these areas of the seabed were capable of being claimed under the *Aboriginal Land Rights (Northern Territory) Act 1976* (Cth).

The primary legal issues before the Court were whether the seabed of bays and gulfs within the Northern Territory's jurisdiction constituted "land in the Northern Territory" for the purposes of the Act, and consequently, whether such areas were amenable to a claim for traditional ownership.

The Court reasoned that the definition of "land" in the *Aboriginal Land Rights (Northern Territory) Act 1976* (Cth) did not extend to the seabed of bays and gulfs. This interpretation was based on the ordinary meaning of "land" and the specific legislative context, which did not indicate an intention to include submerged areas within the scope of traditional land claims. The Court affirmed that the Act was intended to address claims over terrestrial areas and did not encompass the seabed of territorial waters.

The appeal was dismissed with costs.