The High Court of Australia has confirmed the existence of commercial fishing rights under native title law.
Non-exclusive rights were awarded in 2010 by the federal court in the Torres Strait sea claim over 40,000 square kilometres of water between Cape York and Papua New Guinea.
It was the first time commercial fishing rights were included in a native title determination.
A federal court appeal led by the Commonwealth government overturned that ruling last year, finding the rights were extinguished by state and federal fishing regulations.
Listen: Legal expert Lauren Butterly tells Stefan Armbruster the decision is historic
The Torres Strait Islanders have now successfully challenged that decision in the High Court.
"Today the High Court unanimously held that successive Commonwealth and Queensland legislation," the decision by the three judges read.
"(The legislation) prohibited taking fish and other aquatic life for commercial purposes without a licence, (but) did not extinguish the native title right of certain island communities in the Torres Strait to take resources from defined areas of water."
In a post on Facebook, the Torres Strait Regional Authority (TSRA) welcomed the outcome.
"We won on the right to trade commercially in marine resources and on the point that State and Commonwealth legislation did not extinguish the native title rights to trade commercially in marine resources," said Peter Krebs, TSRA Principal Legal Officer.
The native title commercial fishing rights are subject to the same licensing requirements as any other commercial operator.
The High Court decision marks the end of a 12-year native title case brought by Leo Akiba and the late George Mye on behalf of Torres Strait islanders.
Listen: Legal expert Lauren Butterly tells Stefan Armbruster the decision is historic.
[sbspodcast id="281479"]
