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The appellant, Mr Yanner is a member of the Gunnamulla clan of the Gangalidda tribe, who consumed a traditional harpoon to catch two juvenile estuary crocodiles in Queensland. He and members of his clan had eaten some of the crocodile meat and froze the rest. Under the Fauna Conservation Act 1974 (QLD)1 before a magistrate, the appellant was charged with the offence of taking and keeping fauna without a license, permit, certificate or any other right granted and issued. The magistrate established that the appellant’s clan had a connection with the land from which the crocodiles were caught. Therefore, before the common law came into being in the colony of Queensland, this connection had already been recognised. The defense raised that s211 of the Native Title Act 1993 (Cth)2 applied on the appellant, who was found not guilty and dismissed the charge.

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