Anniversary of the Akiba Sea Country Decision

7 August 2013

On 7 August 2013, the High Court delivered its decision in Akiba on behalf of the Torres Strait Regional Seas Claim Group v Commonwealth. The anniversary recognises a major Torres Strait native title case concerning the taking of marine resources.

Torres Strait rights and marine resources

The proceedings concerned rights recognised over a large area of Torres Strait waters. The High Court considered whether fisheries licensing laws had extinguished the native title right to take resources to the extent they were taken for commercial purposes. It allowed the appeal in part.

Rights and regulation

The decision distinguished the existence of a native title right from laws regulating its exercise. It should not be summarised as an unrestricted right for anyone to fish commercially without licences or other applicable rules.

AIATSIS places the case in the context of Islanders’ longstanding use of marine resources and the earlier determination. The 2013 High Court decision and the original sea claim determination were different stages and should have distinct labels in a timeline.

The anniversary can foreground Torres Strait Islander perspectives on Sea Country, livelihoods and law. It offers a way to understand economic activity as part of continuing cultural and community life, rather than assuming that culture and commercial activity must be opposites.

Reflecting and learning

Compare the question before the High Court with the rights recognised in the earlier proceedings. What is the difference between recognising a right and regulating how it is exercised?

Start with the sources below and distinguish the original event from later interpretations and commemorations. When using this date in a classroom or workplace, allow time for questions and further reading. First Nations peoples have diverse histories and perspectives; this brief introduction does not speak for every community.

Sources and further reading

• Akiba: judgment and case details — High Court of Australia
• Akiba research summary — AIATSIS

Our related products and resources

We do not currently offer products or learning resources specifically for this date. The reading links above are provided for background and further learning. Suitable items from our range will be added here as they become available.