Patta Warumungu People v Northern Territory of Australia [2007] FCA 1386

On 7 July 2006, the application was filed with the Federal Court by the Central Land Council on behalf of the Patta Warumungu people, and then registered with the National Native Title Tribunal on 13 September 2006. The claim covered an area of land which comprised 64.1 sq km in and around the town of Tennant Creek, and included 65 different administrative parcels.By consent, the parties have agreed that native title exists over 18 of these parcels, which comprise around 80% of the total claim area. Over the remaining 47 parcels, native title has been extinguished by consent.

Native title over these areas is held by:

(a) 'the Patta Warumungu Aboriginal people who, according to acknowledged traditional laws and observed customs are connected with the determination area through spiritual, religious and physical associations; and

(b) All those persons who are descendants of the uppermost generation known to the native title claim group named as follows:

(i) Zulu Jappangarti;

(ii) Daisy Nappangarti;

(iii) Minnie Nappangarti;

(iv) Bill Foster Jappangarti;

(v) Ruby Nappangarti;

(vi) Rosie Burt Nappangarti;

(vii) Alec Anderson Jappangarti;

(viii) King Charlie Jampin; and

(ix) Hector Jampin.

(c) All those persons who are recognised and accepted, in accordance with traditional law and custom by senior members of the native title claim group, as members of the native title claim group on the basis of one or more of the following non-descent based connections:

(i) conception and/or birthplace affiliation with the determination area;

(ii) long term residence and historical association with the determination area and the claim group;

(iii) close kinship ties, including intermarriage;

(iv) shared subsection and/or moiety affiliation;

(v) possession of traditional religious/ceremonial knowledge;

(vi) authority and responsibility for shared Dreaming tracks and/or sacred sites connected with the determination area; and/or

(vii) seniority in traditional matters concerning the native title claim group and/or the determination area.' (schedule 3)

The court determined the nature of the native title rights as including:

(a) 'the right to live on the land, and for that purpose, to camp, erect shelters and other structures, and to travel over and access any part of the Recognition Area;

(b) the right to hunt, gather and take the natural resources of the Recognition Area;

(c) the right to access, maintain and protect places and areas of importance in the Recognition Area;

(d) the right to engage in the following activities on the Recognition Area:

(i) engage in cultural activities;

(ii) conduct ceremonies;

(iii) hold meetings;

(iv) teach the physical and spiritual attributes of places and areas of importance; and

(v) participate in cultural practices relating to birth and death including burial rites, including the power to regulate the presence of others at any of these activities on the Recognition Area.

(e) the right to make decisions about the use and enjoyment of the Recognition Area by Aboriginal people who recognise themselves as governed by Aboriginal traditional laws and customs and who acknowledge the traditional laws and customs of the native title holders;

(f) the right to share and exchange natural resources obtained on or from the determination area, including traditional items made from the natural resources of the Recognition Area;

There are no native title rights and interests in minerals, petroleum or prescribed substances.

These rights and interests are to be held on trust for the native title holders by the Patta Aboriginal Corporation.

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