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85-855: The largest marine park used to be the Great Barrier Reef Marine Park in Australia , at 350,000 km² until 2010, when the United Kingdom announced the opening of the Chagos Marine Park or Chagos Archipelago . Although for many uses it is sufficient to designate the boundaries of the marine park and to inform commercial fishing boats and other maritime enterprises, some parks have gone to additional effort to make their wonders accessible to visitors. These can range from glass-bottomed boats and small submarines , to windowed undersea tubes. In New Zealand

170-539: A Wiradjuri man from Cowra, New South Wales , commenced an action in the High Court of Australia arguing that Aboriginal people retained rights to land as an Aboriginal nation or nations existed pre-settlement and continues to exist, and that their land had been taken by conquest rather than by settlement. The court held in Coe v Commonwealth (1979) that no Aboriginal nation holds any kind of sovereignty , distinguishing

255-566: A bundle of rights , which may be extinguished one by one, for example, by a mining lease. In this case, the lease did not confer 'exclusive possession', because the claimants could pass over the land and do various things. But some parts of native title rights were extinguished, including the rights to control access and make use of the land. The claim was remitted to the Full Court of the Federal Court to determine in accordance with

340-481: A marine reserve is an area which has a higher degree of legal protection than marine parks for conservation purposes. In New South Wales , there are planned marine parks which will stretch along the coastline of the entire state. France and its territories are home to nine marine parks, known as parc naturel marin  [ fr ] . Nearly all existing marine reserves have been set close to shore, mostly in territorial waters. A main reason for this lies in

425-497: A veto over development, and nor does it grant land, as the Aboriginal Land Rights Act (ALRA) does. National Native Title Tribunal definition: [Native title is] the communal, group or individual rights and interests of Aboriginal people and Torres Strait Islander people in relation to land and waters, possessed under traditional law and custom, by which those people have a connection with an area which

510-630: A ceremony in the desert attended by Maralinga Tjarutja leader Archie Barton , John Bannon and Aboriginal Affairs Minister Greg Crafter . This granted rights over 75,000 square kilometres (29,000 sq mi) of land in the Great Victoria Desert , including the land contaminated by the British nuclear weapons testing at Maralinga . Mabo v Queensland (No 2) (1992) was the foundational case for native title in Australia. In 1992

595-535: A determination, Prescribed Bodies Corporate are entered onto the NNTR. At this point, the corporation becomes a Registered Native Title Body Corporate (RNTBC). On 1 July 2011, the 160 registered determinations of native title covered some 1,228,373 km (474,277 sq mi) (approximately 16 per cent) of the land mass of Australia; and registered Indigenous land use agreements (ILUAs) covered about 1,234,129 km (476,500 sq mi) (about 16 per cent) of

680-760: A few unnamed islets. Its southern boundary lies south of Gladstone and north of Bundaberg , taking in Lady Elliot Island . As of 2016, zones within the marine park has been categorized into the following IUCN protected area categories : In 1975, the Government of Australia enacted the Great Barrier Reef Marine Park Act 1975 , which created the Great Barrier Reef Marine Park Authority, and defined what acts were prohibited on

765-550: A lower level of protection and allows activities such as commercial and recreational fishing. The marine national parks are: Kimberley region: Gascoyne region: Great Barrier Reef Marine Park The Great Barrier Reef Marine Park protects a large part of Australia's Great Barrier Reef from damaging activities. It is a vast multiple-use Marine Park which supports a wide range of uses, including commercial marine tourism, fishing, ports and shipping, recreation, scientific research and Indigenous traditional use. Fishing and

850-643: A new zoning plan was brought into effect for the entire Marine Park, and has been widely acclaimed as a new global benchmark for the conservation of marine ecosystems . The rezoning was based on the application of systematic conservation planning techniques, using the MARXAN software. On 1 July 2004 the Great Barrier Reef Marine Park became the largest protected sea area in the world when the Australian Government increased

935-656: A number of clan groups of Aboriginal people to an area of seas and sea-beds surrounding Croker Island in the Northern Territory. It was the first judgment by the High Court of native title over waters. The judge, Olney J, determined that members of the Croker Island community have a native title right to have free access to the sea and sea-bed of the claimed area for a number of purposes. The case established that traditional owners do have native title of

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1020-572: A package of coordinated measures and technical amendments to improve the performance of the native title system. These are aimed at making the native title process more efficient and to speed up the determination of whether native title exists on the 580 claims that had been registered but not yet determined. The Native Title Act 1993 was further amended by the Rudd government by the Native Title Amendment Act 2009 . It allows

1105-1033: A partnership with GBRMPA and Queensland's Department of Environment and Science . The occasion was marked by a ceremony on the beach at Emu Park . The marine park lies east of the mainland coast of Queensland, starting in the north at Cape York . Its northern boundary is the circle of latitude 10°41'S (running east up to the eastern edge of the Great Barrier Reef at 145º19'33"E), thereby encompassing those few uninhabited Torres Strait Islands that are east of Cape York, south of 10°41'S and north of 11°00'S. The largest of those island are Albany Island (5.9 km or 2.3 sq mi), Turtle Head Island 12.8 km or 4.9 sq mi and Trochus Island 2.2 km or 0.85 sq mi. Further islands are Mai Island 0.25 km or 0.097 sq mi, Bush Island 0.2 km or 0.077 sq mi, Tree Islet 0.01 km or 0.0039 sq mi, Brewis Island 0.05 km or 0.019 sq mi, and

1190-646: A peer-reviewed Outlook Report should be published, examining the health of the Great Barrier Reef, the management of the Reef, and environmental pressures. In early 2007, GBRMPA was one of three nominees for the Destination Award in the World Travel and Tourism Council 's Tourism for Tomorrow Awards. On 3 April 2010, the Shen Neng 1 , a Chinese ship carrying 950 tonnes of oil, ran aground, causing

1275-469: A result, native title rights could co-exist, depending on the terms and nature of the particular pastoral lease. Where there was a conflict of rights, the rights under the pastoral lease would prevail over native title rights. The Wik decision led to amendments to the Native Title Act 1993 by the Native Title Amendment Act 1998 . This Act, also known as the "10 Point Plan", was introduced by

1360-506: A total 1.8 metric tons (4,000 pounds), into more than 50 metres (164 ft) of water. None exploded and no coral was damaged. People such as scientists, conservationists, developers, managers, tourism entrepreneurs and politicians have had major influences on the history of the reef In 2015, the Australian Government and Reef Ecologic Pty Ltd conducted a coral reef training course to build capacity to protect coral reefs The crown-of-thorns starfish ( Acanthaster planci ), while native to

1445-511: Is granted, specific rights are decided on a case-by-case basis, and may only sometimes includes freehold title. Australia did not experience litigation involving Aboriginal native title until the 1970s, though several earlier cases tangentially involved issues of native title. In 1835, John Batman purported to sign Batman's Treaty with Aboriginal elders in the Port Phillip District . Governor Bourke declared Batman's Treaty

1530-654: Is not a grant or right created by governments. The Aboriginal Land Rights Act 1976 (see below) covers the granting of land to Aboriginal Land Trusts; setting up Aboriginal land councils ; mineral rights; decision-making processes for dealing with land; dealing with income from land use agreements; and negotiations about leases for development on Aboriginal land. The Native Title Act 1993 (NTA) gives recognition that "Aboriginal and Torres Strait Islander people have rights to land, water and sea, including exclusive possession in some cases, but does not provide ownership". It allows for negotiations over land, but does not provide for

1615-422: Is one which has become a matter of heated controversy. If there are serious legal questions to be decided as to the existence or nature of such rights, no doubt the sooner they are decided the better, but the resolution of such questions by the courts will not be assisted by imprecise, emotional or intemperate claims. In this, as in any other litigation, the claimants will be best served if their claims are put before

1700-554: Is recognised under Australian law (s 223 NTA). Commonwealth Government's indigenous.gov.au website: Native title is the recognition in Australian law, under common law and the Native Title Act 1993 (Cth), of Indigenous Australians' rights and interests in land and waters according to their own traditional laws and customs. Native title has also been described as a "bundle of rights" in land, which may include such rights as camping, performing ceremony , etc. If native title

1785-527: Is the right to hunt, gather, teach and perform cultural activities and ceremonies, and allow the young people to connect with their land. In March 2023, 8578.35 kilometres along the coast of the Grey River in Victoria. The case was the first Native Title case heard in the state of Victoria for 10 years. At the Federal Court at Warnambool designated the land as native title rights. Native title concerns

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1870-431: Is the set of rights, recognised by Australian law , held by Aboriginal and Torres Strait Islander groups or individuals to land that derive from their maintenance of their traditional laws and customs. These Aboriginal title rights were first recognised as a part of Australian common law with the decision of Mabo v Queensland (No 2) in 1992. The doctrine was subsequently implemented and modified via statute with

1955-535: The Native Title Act 1993 . The concept recognises that in certain cases there was and is a continued beneficial legal interest in land held by Indigenous peoples which survived the acquisition of radical title and sovereignty to the land by the Crown . Native title can co-exist with non-Aboriginal proprietary rights and in some cases different Aboriginal groups can exercise their native title rights over

2040-557: The 2010 Great Barrier Reef oil spill . In 2012, legislation was introduced which compelled developers to deposit money into the Reef Trust. Professor Tiffany Morrison argues that this has made it easier for developments to be approved in the region. The week before 21 July 2013, on the second day of the biennial joint training exercise Talisman Saber , two American AV-8B Harrier fighter jets launched from aircraft carrier USS Bonhomme Richard (LHD-6) dropped four bombs, weighing

2125-611: The Federal Court of Australia recognised the native title rights of the Gurindji people to 5,000 square kilometres (1,900 sq mi) of the Wave Hill Station, allowing them to receive royalties as compensation from resource companies who explore the area. Justice Richard White said that the determination recognised Indigenous involvement (Jamangku, Japuwuny, Parlakuna-Parkinykarni and Yilyilyimawu peoples) with

2210-460: The Fraser government as the Aboriginal Land Rights Act 1976 , which established a procedure to transfer almost 50 per cent of land in the Northern Territory (around 600,000 km2) to collective Aboriginal ownership. The Fraser government continued to implement many of the previous government's initiatives, under the description "self-management" rather than self-determination. In 1979, Paul Coe ,

2295-527: The Government of Queensland , to ensure that it is widely understood and used in a sustainable manner. A combination of zoning, management plans, permits, education and incentives (such as eco-tourism certification) is used in the effort to conserve the Great Barrier Reef. As many species of the Great Barrier Reef are migratory, many international, national, and interstate conventions or pieces of legislation must be taken into account when strategies for conservation are made. Some international conventions that

2380-534: The Howard government . The amendments substantially restricted Native Title by narrowing the right to negotiate and extinguishing Native Title on most pastoral and mining leases granted before 1994. Yorta Yorta v Victoria , addressed a native title claim by the Yorta Yorta Aboriginal people of north central Victoria , which was dismissed by Justice Olney of the Federal Court in 1998. Appeals to

2465-597: The Kimberley region, south of Broome . Land rights were recognised over 31,000 square kilometres (12,000 sq mi) of land (half the size of Tasmania) via an ILUA on 5 July 2011. In May 2004, following the passage of special legislation, South Australian Premier Mike Rann handed back title to 21,000 square kilometres of land to the Maralinga Tjarutja and Pila Nguru people. The land, 1,000 kilometres (620 mi) north-west of Adelaide and abutting

2550-499: The Marine Parks Act 2007 (SA)  : The state of Victoria has protected approximately 5.3% of coastal waters. In June 2002, legislation was passed to establish 13 Marine National Parks and 11 Marine Sanctuaries. Victoria is the first jurisdiction in the world to create an entire system of highly protected Marine National Parks at the same time. Additional areas are listed as Marine Parks or Marine Reserves, which provides

2635-552: The National Native Title Tribunal . After the Mabo decision it was uncertain as to whether the granting of pastoral leases would extinguish native title. The Wik Decision in 1996 clarified the uncertainty. The court found that the statutory pastoral leases (which cover some 40% of the Australian land mass) under consideration by the court did not bestow rights of exclusive possession on the leaseholder. As

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2720-539: The Native Title Act by the Australian Law Reform Commission reported that "Courts have indicated that native title is not to be understood in terms equivalent to common law property interests, but they often still tend to draw on these concepts... The prevailing view of the nature and content of native title is hybrid, drawing on traditional laws and customs for content, but also at times idiosyncratically adopting common law terms to describe

2805-539: The Native Title Act 1993 , is a body that applies the "registration test" to all new native title claimant applications, and undertakes future act mediation and arbitral functions. The Attorney-General's Department advises the Australian Government on legal and legal-policy regarding on native title, and assists the Attorney-General to administer the Native Title Act 1993 . According to

2890-701: The Northern Territory . Prime Minister Gough Whitlam introduced a new policy of Aboriginal self-determination , and initiatives such as the Aboriginal Land Fund and the National Aboriginal Consultative Committee was set up. The latter consisted of elected Aboriginal representatives, who would advise the Minister of Aboriginal Affairs. The Whitlam government introduced legislation later passed by

2975-740: The Supreme Court of the Northern Territory , Justice Richard Blackburn explicitly rejected the concept of native title, ruling against the claimants on a number of issues of law and fact. In the wake of Milirrpum and the election of the Whitlam government in 1972, the Aboriginal Land Rights Commission (also known as the Woodward Royal Commission) was established in 1973 to inquire into appropriate ways to recognise Aboriginal land rights in

3060-622: The Western Australia border, was then called the Unnamed Conservation Park. It is now known as Mamungari Conservation Park . It includes the Serpentine Lakes , and was the largest land return since 1984. At the 2004 ceremony Rann said the return of the land fulfilled a promise he made to Archie Barton in 1991 when he was Aboriginal Affairs Minister, after he passed legislation to return lands including

3145-633: The Attorney-General's Department: There are fundamental differences between land rights and native title . Land rights are rights created by the Australian , state or territory governments. Land rights usually consist of a grant of freehold or perpetual lease title to Indigenous Australians . By contrast, native title arises as a result of the recognition, under Australian common law, of pre-existing Indigenous rights and interests according to traditional laws and customs . Native title

3230-744: The Conservation of Australia's Biological Diversity, Australia's Oceans Policy, National Strategy for the Conservation of Australian Species and Communities Threatened with Extinction. Some state legislation that the Park must follow are: Nature Conservation Act 1992, Marine Parks Act 1982, Fisheries Act 1994, Queensland Nature Conservation (Wildlife) Regulation 1994. For example, the Queensland Government has enacted several plans attempting to regulate fishing. The East Coast Trawl Management Plan 1999 aimed to regulate trawling through limiting

3315-544: The Crown; and rights over the land may range from access and usage rights to rights of exclusive possession. Native title rights and interests are based on laws and customs that pre-date the British acquisition of sovereignty; they are distinct from the rights granted by government such as statutory land rights of the kind found in the Land Rights Act . Native title rights and interests may exist over land and waters to

3400-578: The Federal Court to determine who may mediate a claim, whether that be the court itself, the Native Title Tribunal, or otherwise. Northern Territory v Mr Griffiths and Lorraine Jones was a 2018 High Court of Australia case, ruled in 2019, regarding land around Timber Creek, Northern Territory , involving a compensation claim by Ngaliwurru and Nungali lands surrounding Timber Creek. It related to various earlier cases since 1997. Described as "the most significant [case]… since Mabo ",

3485-507: The Federal Court, which may also order mediation by other agencies or persons. The purpose of mediation is to assist parties to clarify the issues in dispute, to explore options for settlement and to reach agreement. Mediation is a structured process, with the intention of a mutually agreed outcome rather than having a decision imposed by a judge. Alternative settlements (also termed "broader settlements" ) may be negotiated out of court, often being resolved more quickly and efficiently than via

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3570-580: The Full Bench of the Federal Court in 2001, and the High Court in 2002 were also dismissed. The determination by Justice Olney in 1998 ruled that the 'tide of history' had 'washed away' any real acknowledgement of traditional laws and any real observance of traditional customs by the applicants. The 2002 High Court decision adopted strict requirements of continuity of traditional laws and customs for native title claims to succeed. Ward v Western Australia (1998) addressed an application made on behalf of

3655-561: The Great Barrier Reef Marine Park must follow are: the Bonn Convention , Ramsar Site (for the Bowling Green Bay National Park site), CITES , JAMBA and CAMBA . Some national legislation that the Park must follow are: Great Barrier Reef Marine Park Act 1975, Environment Protection and Biodiversity Conservation Act 1999, National Strategy for Ecologically Sustainable Development, National Strategy for

3740-464: The Great Barrier Reef Marine Park. They can then be protected in "Green Zones" (no-take zones). The Great Barrier Reef World Heritage Area has been divided into 70 bioregions , of which 30 are reef bioregions, and 40 are non-reef bioregions. In 2006, a review was undertaken of the Great Barrier Reef Marine Park Act 1975 . Some recommendations of the review are that there should be no further zoning plan changes until 2013, and that every five years,

3825-424: The Great Barrier Reef Marine Park. They were the "Far Northern", "Cairns", "Central" and "Mackay/Capricorn" sections. These zoning sections were created between 1983 and 1987. Another section, the "Gumoo Woojabuddee" section was declared in 1998. Each section had its own zoning plan. The Great Barrier Marine Park Zoning Plan 2003 superseded all previous zoning plans, coming into effect on 1 July 2004. In July 2004,

3910-661: The High Court decided the Blue Mud Bay sea rights case , establishing a precedent for sea rights over an intertidal zone for the first time. The Yolngu people of Baniyala were involved in this case, which involved Blue Mud Bay in East Arnhem Land . In 2007 the Howard government passed the Native Title Amendment Act 2007 , and the Native Title Amendment (Technical Amendments) Act 2007,

3995-411: The High Court ruled for the first time on compensation for the extinguishment of native title in Australia. It is considered a "landmark" native title case, because the clauses contained within the Native Title Act 1993 pertaining to the determination of compensation payable due to the extinguishment of native title had never been heard before in the High Court. Yamatji Marlpa Aboriginal Corporation

4080-619: The Indigenous land use agreement or, in Victoria, a settlement under the Traditional Owner Settlement Act 2010 (TOSA). Alternative settlements agreements can be made alongside the Native Title Act , but usually the traditional owners are required to withdraw any existing native title claims. Such settlements can include any matters agreed to by all parties, which may included recognition of traditional owner rights, grants of freehold for specified purposes, or

4165-488: The Mediterranean Sea where no coastal point is farther than 200 nautical miles from waters under another jurisdiction. The trans-frontier structure of such 'Peace' Parks puts this problem aside, encouraging the local Governments involved to join forces in the pursuit of a cause higher than their national interest without prejudice to current national claims . Greenpeace is campaigning for the "doughnut holes" of

4250-523: The Miriuwung and Gajerrong people of the east Kimberly, over land in Western Australia and the Northern Territory. Justice Malcolm Lee of the Federal Court ruled in their favour in recognition of the native title. Western Australia appealed the decision to the Full Court of the Federal Court, then to the High Court. The High Court held in Western Australia v Ward that native title is

4335-557: The Reef. Joe Baker , who was involved in the bid to make the Great Barrier Reef World Heritage-listed in 1981, was a founding member of the Great Barrier Reef Marine Park Authority. The Australian Government also has recognised the ecological significance of this Park by its inclusion in the nation's Biodiversity Action Plan . The Government of Australia manages the reef through the Great Barrier Reef Marine Park Authority and in partnership with

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4420-799: The Townville/Whitsunday Marine Park, the Trinity Inlet/ Marlin Coast Marine Park and the Cairns Marine Park, along with the addition of previously unprotected area of coastal water that adjoined the former marine parks listed above. The marine park is intended to complement the adjoining GBRMP by the use of "similar zone objectives, and entry and use provisions". It is managed by the Queensland Parks and Wildlife Service . Traditional owner Native title

4505-447: The US case of Cherokee Nation v Georgia (1831) . However, the substantive issue of continuing land rights was not heard due to the lack of precision, vagueness and other serious deficiencies with the statement of claim presented to the court. Justice Gibbs said, at paragraph 21, 'The question what rights the aboriginal people of this country have, or ought to have, in the lands of Australia

4590-554: The areas protected from extractive activities (such as fishing ) from 4.6% to 33.3% of the park. As of 2006 , the Northwestern Hawaiian Islands National Monument is the largest protected marine area in the world. The management committee draws inspiration from the Great Barrier Reef Marine Park Authority's management strategies. The current method of zoning is called the "Representative Areas Program", which chooses "typical" areas of

4675-485: The continuing connection of Indigenous People to land, independent from a grant from the Crown. Native title would continue to exist as long as traditional laws and customs continue to be observed, unless the rights were otherwise extinguished by an incompatible grant by the Crown. Justice Gerard Brennan in this landmark decision stated: However, when the tide of history has washed away any real acknowledgment of traditional law and any real observance of traditional customs,

4760-739: The court dispassionately, lucidly and in proper form'. The South Australian Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981 was introduced by Premier Don Dunstan in November 1978, several months prior to his resignation from Parliament. An amended bill, following extensive consultation, was passed by the Tonkin Liberal government in March 1981. This legislation gave significant rights well in advance of any other to date in Australia. In 1981, SA Premier Tonkin returned 102,650 square kilometres (39,630 sq mi) of land (10.2% of

4845-445: The court process under the Native Title Act . They can give traditional owner group recognition in areas where native title rights have been extinguished, or where it is difficult for a group to prove that it persists. Such agreements are resolved through negotiation, and recognition of traditional ownership and various other land rights in land may be achieved without an actual native title determination. Examples of such arrangements are

4930-610: The decision of the High Court. The claimants reached an agreement about the claim area and a determination was made in 2003. "Exclusive possession native title was recognised over Lacrosse Island , Kanggurru Island, Aboriginal reserves within the Kununurra townsite, Glen Hill pastoral lease and Hagan Island. Non-exclusive rights were recognised over a number of areas including islands in Lake Argyle." Yarmirr v Northern Territory (2001), addressed an application made on behalf of

5015-493: The extent that they are consistent with other rights established over the land by law or executive action. According to the National Native Title Tribunal (2013): "The native title rights and interests held by particular Aboriginal people will depend on both their traditional laws and customs and what interests are held by others in the area concerned. Generally speaking, native title must give way to

5100-533: The foundation of native title has disappeared. Thus although over some parts of Australia native title has been lost, in large areas of the nation's interior, native title could be recognised. As Justice Brennan stated in Mabo (No. 2) , "native title has its origin and is given its content by the traditional laws acknowledged by and the customs observed by the Aboriginal inhabitants of a territory". One year after

5185-597: The fragmented nature of maritime governance in international waters, the poor enforcement of existing regulations in the High seas, plus the difficult co-management that would be required of countries often in conflict. How to circumvent such obstacles? In 2011, based on unique biological, geological and oceanographic features, the Mediterranean Science Commission proposed the creation of eight large international, coast-to coast "Marine Peace Parks" in

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5270-412: The greatest risks to the Reef are still climate change, land-based run-off, coastal development, some fishing impacts, illegal fishing and poaching. The Great Barrier Reef Coast Marine Park is a marine protected area located in Queensland waters adjoining the Great Barrier Reef. It was created on 5 November 2004 by the amalgamation of the following former marine parks – the Mackay/Capricorn Marine Park,

5355-423: The interaction of two systems of law: Native title is the term adopted in Australian law to describe the rights to land and waters possessed by Indigenous Australians under their customary laws that are recognised by the Australian legal system. Native title is able to be possessed by a community or individual depending on the content of the traditional laws and customs; it is inalienable other than by surrender to

5440-418: The land "at least since European settlement and probably for millennia". The court sitting took place nearly 800 kilometres (500 mi) south of Darwin, and descendants of Vincent Lingiari and others involved in the Wave Hill walk-off celebrated the determination. The owners will participate in the mining negotiations and exploration work, from which royalties may flow in the future, but just as important

5525-442: The land mass, as well as about 5,435 km (2,098 sq mi) of sea. Native title in Australia frequently involves mediation between native title parties and other groups with an interest in native title, such as the Australian Government, state and territory governments, miners and pastoralists. Amendments to the NTA made in 2012 meant that the NNTT would henceforth only conduct native title claim mediation by referral from

5610-484: The marine park including Acts and Regulations, zoning plan, plans of management, traditional owner agreements, partnerships, stewardship and best practice, education, research and monitoring and reporting. It issues permits for various forms of use of the marine park, and monitors usage in the park to ensure compliance with rules and regulations associated with the park. GBRMPA is funded by Commonwealth Government appropriations and an environmental management charge levied on

5695-513: The nature or character of the rights". It is a complex area of law. The Act continues to be reviewed and amended. The National Native Title Register (NNTR), maintained by the NNTT, is a register of approved native title determinations. A determination can be that native title does or does not exist. As part of the determination of native title, native title groups are required to nominate a Native Title Prescribed Body Corporate to hold (as trustee) or manage (as agent) their native title. Following

5780-427: The permit-holders' passengers. Currently this is A$ 6.00 per day per passenger (to a maximum of $ 16.50 per trip). In May 2022 the Darumbal people were officially recognised as the traditional custodians of an expanse of ocean covering 36,606 km (14,134 sq mi) off the Central Queensland Coast, making it the largest Traditional Use of Marine Resources Agreement (TUMRA) on the reef. The agreement created

5865-413: The recognition of the legal concept of native title in Mabo , the Keating government formalised the recognition by legislation with the enactment by the Australian Parliament of the Native Title Act 1993 . The Act attempted to clarify the legal position of landholders and the processes to be followed for native title to be claimed, protected and recognised through the courts. The Act also established

5950-400: The reef, poses one of its greatest threats when outbreaks occur. Several efforts have been made to identify and control these outbreaks, including the COTSBot developed by Queensland University of Technology . These outbreaks and subsequent threats have led to an increase in awareness and appearances in mainstream media, as industry and conservation groups try to control the COTS and protect

6035-489: The reef. An infographic explaining the process of identifying and targeting this threat can be seen here . The Great Barrier Reef Outlook Report 2014, published every five years, examines the Great Barrier Reef's health, pressures, and likely future. The report is required under Great Barrier Reef Marine Park Act 1975 (section 54) and aims to provide a regular and reliable means of assessing reef health and management in an accountable and transparent way. The report finds

6120-666: The rejection of native title in Milirrpum v Nabalco was overruled by the High Court in Mabo v Queensland (No 2) , which recognised the Meriam people of Murray Island (Mer) in the Torres Strait as native title holders over part of their traditional lands. The Court rejected the notion that all Indigenous rights to land were abolished upon acquisition of sovereignty over Australia. The Court held that native title rights continued to exist, and that these rights existed by virtue of

6205-412: The removal of artefacts or wildlife (fish, coral , seashells , etc.) is strictly regulated, and commercial shipping traffic must stick to certain specific defined shipping routes that avoid the most sensitive areas of the park. The Great Barrier Reef is the largest and best known coral reef ecosystem in the world. Its reefs, almost 3000 in total, represent about 10 per cent of all the coral reef areas in

6290-662: The rights held by others. The capacity of Australian law to recognise the rights and interests held under traditional law and custom will also be a factor... The source of native title is the system of traditional laws and customs of the native title holders themselves." Native title rights and interests may include the right to live in an area or to access it for traditional purposes; to visit and protect sacred sites; to hunt, fish or gather resources; or to teach law and custom. Exclusive possession can only be recognised over certain parts of Australia, such as vacant Crown land , or areas already held by Indigenous Australians. A 2015 review of

6375-613: The sacred Ooldea area (which also included the site of Daisy Bates ' mission camp) to the Maralinga Tjarutja people. The Maralinga Tjarutja lands now total 102,863 square kilometres. The Aboriginal peoples of the Wimmera region of Western Victoria won recognition of their native title on 13 December 2005 after a ten-year legal process commenced in 1995 when they filed an application for a determination of native title in respect of certain land and waters in Western Victoria. It

6460-409: The same land. The Federal Court of Australia arranges mediation in relation to claims made by Aboriginal and Torres Strait Islander peoples, and hears applications for, and makes, native title determinations. Appeals against these determinations can be made to a full sitting of the Federal Court and then to the High Court of Australia . The National Native Title Tribunal (NNTT), established under

6545-475: The sea and sea-bed; however common law rights of fishing and navigation mean that only non-exclusive native title can exist over the sea. The decision paved the way for other native title applications involving waters to proceed. Nangkiriny v State of Western Australia (2002 & 2004), in which John Dudu Nangkiriny and others were plaintiffs, were cases addressing the claims of the Karajarri people in

6630-592: The state's land area) to the Pitjantjara and Yankunytjatjara people. However, it did not give the people the power of veto over mining activities; any disputes would need to be resolved by an independent arbitrator. In 1984 Premier John Bannon 's Labor government passed legislation to return lands to the Maralinga Tjarutja people. The legislation was proclaimed in January 1985 and was followed by

6715-495: The times when trawling is permitted and restricting gear used. The Fisheries (Coral Reef Fin Fish Fishery) Management Plan 2003 aimed at reducing the annual commercial catch to 1996 levels, disallowing fishing when the fish are spawning and increasing the minimum legal size of fish. The Great Barrier Reef was selected as a World Heritage Site in 1981. Up until 1999, there were four main zones in

6800-505: The western pacific to be declared as marine reserves. They are also campaigning for 40 percent of the world’s oceans to be protected as marine reserves. The Australian Government manages an estate of marine protected areas (MPA) that are Commonwealth reserves under the Environment Protection and Biodiversity Conservation Act 1999 ( EPBC Act ). As of December 2013, the following marine parks have been declared under

6885-418: The world. It supports an amazing variety of biodiversity, providing a home to thousands of coral and other invertebrate species, bony fish, sharks, rays, marine mammals, marine turtles, sea snakes, as well as algae and other marine plants. The Great Barrier Reef Marine Park Authority ( GBRMPA ) is responsible for the care and protection of the Great Barrier Reef Marine Park. It uses a range of tools to manage

6970-678: Was "void and of no effect as against the rights of the Crown" and declared any person on "vacant land of the Crown" without authorization from the Crown to be trespassing. The proclamation was approved by the Colonial Office. The official objection to the Treaty was that Batman had attempted to negotiate directly with the Aboriginal people, whom the British did not recognise as having any claim to any lands in Australia. In 1971, in Milirrpum v Nabalco Pty Ltd (the "Gove land rights case") in

7055-750: Was involved in a large native title claim from 1996, based on the Native Title Act 1993 , resulting in an historic determination in February 2020, involving both native title and an ILUA, covering an area of 48,000 square kilometres (19,000 sq mi) in Western Australia. A claim was lodged in 2016 by the Central Land Council on behalf of the Gurindji peoples in the area, as there were mining interests in area covered by Wave Hill Station 's pastoral lease. On 8 September 2020,

7140-529: Was the first judgment recognising native title over a capital city and its surroundings. The claim area itself is part of a much larger area included in the "Single Noongar Claim", covering the south-western corner of Western Australia. An appeal was subsequently lodged and in 2008 the Full Court of the Federal Court upheld parts of the appeal by the Western Australian and Commonwealth governments against Justice Wilcox's judgment. The 2008 decision by

7225-631: Was the first successful native title claim in south-eastern Australia and in Victoria, determined by Justice Ron Merkel involving Wotjobaluk, Jaadwa, Jadawadjali , Wergaia and Jupagalk people. In his reasons for judgment Justice Merkel explained the significance of his orders: In 2005 the Federal Court brought down a judgment recognising the native title of the Noongar people over the Perth metropolitan area. Justice Wilcox found that native title continues to exist within an area in and around Perth. It

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