Law Commons^™

Up The Creek And Out At Sea: The Resurfacing Of The Public Right To Fish, Warwick Gullett

Faculty of Law - Papers (Archive)

The ancient common law public right to fish has had increasing resonance since 2001 when the High Court in Yarmirr denied the existence of asserted exclusive offshore native title rights in large part because of the “fundamental inconsistency” between them and the public right to fish. The Yarmirr decision also established that non-exclusive offshore native title rights must be consistent with the public right. This creates the potential for litigation where it is asserted that actions of native title holders have infringed the public right or where recreational anglers purportedly exercising the public right in an area subject to a …

Out Of The Blue: An Act For Australia's Oceans, Chris Smyth, Meg Lee, Rob Prof Rob Fowler, Gregory L. Rose, Marcus Haward

Faculty of Law, Humanities and the Arts - Papers (Archive)

The National Environmental Law Association (NELA) and the Australian Conservation Foundation (ACF) have prepared Out of the blue to initiate public discussion about the future of Australia’s oceans laws, planning and management.

NELA is a multi-disciplinary national organisation with the objectives of furthering the role of environmental law in Australia and serving the needs of practitioners in law, planning, natural resources and environmental management, environmental science and environmental impact assessment to obtain and exchange information on issues relevant to environmental law and policy.

One of its themes is to focus on the harmonisation of environmental laws across Australia. ACF is …