Although many of the claimant group reside within the claim area, many do not. No group or individual has been shown to occupy any part of the land in the sense that the original inhabitants can be said to have occupied it. The claimant group clearly fails Toohey J's test of occupation by a traditional society now and at the time of annexation. D exercising native title rights 2. D carrying on none of fishing, hunting, gathering, cultural or spiritual activity.
D purpose is to satisfy personal, domestic or non-commercial communal needs.
Offence arises from a law that would require a licence, permit or other instrument to engage in activity. The mere regulation of the exercise of rights does not extinguish native title.