LLB301 Assignment 1 2022 Problem Solving Task Problem You are approached by Frances, a representative of an indigenous group from Far North Queensland. The group is considering making a non-exclusive native title claim over a coastal area that they currently use ('the claim area'), and have used for a very long, continuous period. The group wishes to understand their likelihood of success with two particular aspects of their claim. Firstly, the group wishes to claim a traditional right to use fish traps that exist in the intertidal zone within the claim area. The fish traps were constructed at least 800 years ago. The group informs you that they used the fish traps continuously up until the 1970s. However, a sand mine was constructed nearby in 1974, which has caused pollution to where the fish traps are located. As a result, the group stopped using the fish traps, and the traps have now deteriorated with disuse. However, the group has recently been informed that the sand mine will soon close. Therefore, the group is hopeful that they will be able to resume using the fish traps. As part of their native title claim, the group wish to have their right to use the fish traps protected. Secondly, the group wishes to claim a traditional right to extract and use ochre from a rock formation within the claim area. The operation of the sand mine caused the shape of the coastline to alter, exposing a previously hidden bank of rock containing ochre to be exposed. Since that time, the group has extracted and used the ochre to use for various purposes, including painting. As part of their native title claim, the group wish to have their right to extract and use the ochre from this rock protected. Task Write a 600-word letter to Frances explaining the likelihood of the group succeeding with these two aspects of their claim, based on the information provided. Identify what, if any, further information would be relevant to this determination. Frances and other members of the group do not have legal training. However, Frances tells you that they are interested to know what cases affect the law you describe in your letter. Although the group is claiming these two rights amongst a wider claim, only focus on these two specific elements of the claim: the fish traps and the ochre. You can assume that the rights the group wishes to claim have not been extinguished by inconsistent legislation or by exercise of executive powers. Therefore, the topic of extinguishment should not be a part of your answer. You should also not discuss compensation, nor should you discuss Indigenous Land Use Agreements. Further instructions · You do not need to include full citations for the cases, you can simply write the case name in italics, for example: Mabo v Queensland (No 2). · For the purposes of this task, you do not need to repeat the client's instructions. However, you otherwise should follow the structure of a client