Territory — Title — Native tide — Mabo v. Queensland (No 2) — Common law recognizing native title in relation to land — Native Tide Act 1993 (Commonwealth) — Section 223(1) of Act — Criteria for determination of native title — Section 6 of Act — Territorial application — Whether native tide existing over marine areas

Sea — Tide — Native tide rights and interests — Whether native tide existing offshore — Mabo v. Queensland (No 2) — Relevance of common law — Native Title Act 1993 (Commonwealth) — Section 223(1) of Act — Section 6 of Act — Interpretation of Act — Whether native tide rights and interests in relation to sea — Whether common law recognizing rights and interests over sea and seabed — Whether native title rights and interests enforceable under Australian legal system — Whether native title rights and interests in relation to sea conferring exclusive possession, occupation, use and enjoyment of sea and seabed in claimed area

Sea — Territorial sea — Sovereignty — Great Britain acquiring sovereignty over Northern Territory in 1824 — Seas and Submerged Lands Act 1973 — Seas and Submerged Lands Case 1975 — Subsequent legislation — Relevance of radical title to offshore native title rights and interests — Extent of Australia’s territorial sea — Whether common law recognizing native title rights over sea claimed by indigenous peoples

Relationship of international law and municipal law — International principles — New source of law to resolve ambiguous municipal law — International law influencing development of common law — Australia party to International Convention on the Elimination of All Forms of Racial Discrimination — Convention given effect by Federal Parliament

Human rights — Property rights — Legal rights of indigenous people to sea — Universal human rights — Elimination of racial discrimination — Australian indigenous peoples — Preservation of traditional society and culture — Need to protect indigenous land and resources — The law of Australia