High Court

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  • This topic has 1 reply, 2 voices, and was last updated 1 week, 5 days ago by Ross. This post has been viewed 140 times
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    • #3328
      carrboyd
      Participant

      “The High Court justices said a section of the Native Title Act gives the Commonwealth, a state or territory the authority to legislate to “confirm any existing public access to and enjoyment of” waterways, beds and banks or foreshores of waterways, coastal waters, or beaches.” Canberra times march 18 2020

      So where does this leave the permits

    • #3337
      Ross
      Keymaster

      My understanding is that currently Native Title holders own down to the low water line (inter tidal zone).

      Going by the above High Court extract, the state government would have to legislate to give public access to the inter tidal zone and beaches etc. That may happen sometime. When? Who knows!!

      A lot of the good stuff to see in the Kimberley is past the beaches, so the paid permit system would likely still apply to those parts anyway.

      Stupid as it may seem, going up a tidal creek in a dinghy at high tide means you are on Native Title land if that creek dries at low tide.

      Cheers, Ross

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