Northern Territory v Arnhem Land Aboriginal Land Trust

HIGH COURT OF AUSTRALIAGLEESON CJGUMMOW, KIRBY, HAYNE, HEYDON, CRENNAN AND KIEFEL JJNORTHERN TERRITORY OF AUSTRALIA& ANOR  APPELLANTSANDARNHEM LAND ABORIGINAL LAND TRUST & ORS  RESPONDENTSNorthern Territory of Australia v Arnhem Land Aboriginal Land Trust[2008] HCA 2930 July 2008D7/2007ORDER1.        Appeal allowed in part.2.Set aside the order first numbered 2 of the orders of the Full Court of the Federal Court of Australia made on 2 March 2007 and, in its place, order that it be declared that:Sections 10 and 11 of the Fisheries Act (NT) do not confer on the Director of Fisheries (NT) a power to grant a licence under that Act which licence would, without more, authorise or permit the holder to enter and take fish or aquatic life from areas within the boundary lines described in the Arnhem Land (Mainland) Grant and the Arnhem Land (Islands) Grant made under the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth).3.Appellants to pay the first, second and third respondents' costs of and incidental to the appeal to this Court.On appeal from the Federal Court of AustraliaRepresentationD F Jackson QC with V B Hughston SC for the appellants (instructed by Solicitor for the Northern Territory)B W Walker SC with S A Glacken for the first, second and third respondents (instructed by Northern Land Council) M A Perry QC with G J Kennedy for the fourth respondent (instructed by Cridlands)D M J Bennett QC, Solicitor-General of the Commonwealth with R J Webb QC for the fifth respondent (instructed by Australian Government Solicitor)Notice:  This copy...