Native Title Report 2000: Chapter 3: Native title and sea rights

One of the major events of the period covered by this report was the handing down of the decision by the full Federal Court in the Croker Island case on appeal from the decision of Justice Olney. It is the major test case on the recognition of native title sea rights and represents the most authoritative statement of the law in Australia at the present time. It was a split decision and this chapter analyses the human rights implications of the different legal positions adopted by the majority and the minority decisions of the court. At the time of writing, the High Court had already granted special leave to appeal the Federal Court's decision and a date for hearing had been set for hearing on 6 February 2001. Thus, the question of the full recognition of native title rights offshore by the common law of Australia has yet to be finally determined. This chapter is a timely survey of the issues that will be before the High Court.