Traditional Owners Celebrate Successful Torres Strait Regional Sea Claim
For immediate release Wednesday 7 July 2010

 The decision of Justice Finn of the Federal Court of Australia last Friday to recognise native title in the seas of the Torres Strait was a huge win for traditional owners in the region, said Torres Strait Regional Authority (TSRA) Chairperson Mr John T Kris today.

“It was a great privilege to witness Justice Finn’s summary statement in Cairns on Friday 2 July when he concluded that for the most part the Applicant had established its claim,” Mr Kris said.

The Applicant made up of Mr George Mye from Erub, Mr Leo Akiba from Saibai, the late Mr Tabitai Joseph and the late Mr Nepolean Warria brought the claim on behalf of all Torres Strait Islanders as one people. The Judge accepted this and found that Torres Strait Islanders are “one society” sharing the same traditional laws and customs in relation to the use of the sea.
 
“But we still have much work to do on this land mark decision, and the Applicant will be working closely with our lawyers to develop the draft determination, which has to be filed and served on or before 23 July.

“Justice Finn handed down over 300 pages of reasons on which his judgement was based and this has to be reviewed carefully by our lawyers before we can provide details about the judgment and what it means for the region,” Mr Kris said.

Justice Finn found that the native title rights existing in the seas of the claimed area, include the right to take marine resources for trading or commercial purposes and that the use of them would be recognised by common law.

“The right to use our marine resources for commercial purposes provides a building block to work towards economic stability now and for future generations,” Mr Kris said.

Recognising the claimants as one society was also of great significance as it acknowledged that Torres Strait Islanders are one people who as one society hold native title rights and interests in the seas of the Torres Strait according to Torres Strait traditional laws and customs.

“The people of the Torres Strait look forward to continuing to work in partnership with the Australian and Queensland Governments to protect the Australian border, and progress towards improving the quality of life for people living in this region.

“The Regional Sea Claim is an essential part of protecting and maintaining the traditional rights we exercise in the seas of the Torres Strait, and we are very happy the Federal Court of Australia has recognised this in the form of Native Title over our waters,” Mr Kris concluded.

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