Aboriginal Sea Rights in Northern Australia

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Abstract
The exclusive rights to coastal waters of the Yolngu Aboriginal people on the North Australian coast have been the subject of significant legislative innovation and subsequent court proceedings. Conflict between Aboriginal and non-Aboriginal users of marine areas on the North Australian coast has generally centred upon the fishery resources of the region. Extensive marine areas have been excised under Northern Territory legislation for the exclusive use of Aboriginal people. Should further areas be excised and reserved solely for Aboriginal usage, then commercial fishermen feel that the inshore commercial fishing industry of the Northern Territory will be endangered while the general public contend that their recreational use of marine areas may be seriously hampered. However, little effort has been made to ascertain the extent of Aboriginal usage, the significance of such marine estates to Aboriginal people, or usages for aboriginals and nonaboriginals that are not incompatible.

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