Doolan on behalf of the Andado, Pmere Ulperre, New Crown and Therreyererte Family Groups v Northern Territory of Australia [2018] FCA 709

South-eastern Northern Territory

Registered with the National Native Title Tribunal on the Native title Register on 24 May 2018

Between: David Doolan, Marlene Doolan, Eileen Hoosan, Agnes Abbott and Michael Hayes on behalf of the Andado, Pmere Ulperre, New Crown and Therreyererte Family Groups (Applicant) and Northern Territory of Australia, Panchek Pty Ltd, Costello Holdings NT Pty Ltd as Trustees for the New Crown Property Trust, Conservation Land Corporation, Merlin Energy Pty Ltd (ACN 081 592 734) and Santos Qnt Pty Ltd (ABN 33 083 077 196) (Respondents)

Judge: Charlesworth J

Determination

Native title exists in parts of the determination area

It consists of non-exclusive native title rights and interests.

Native title is held by members of one or more of four family groups: Andado (Allen Family), Pmere Ulperre (Doolan (south) Family), New Crown (Doolan (west) Family) and Therreyererte (Hayes Family).

Non-exclusive native title rights and interests over part of the determination area

These rights exist over the area described in Schedule B and include the right to:

• access and travel over land and waters;
• live on the land, to camp and to build shelters;
• hunt, gather and fish, to take and use natural resources, and to share or exchange natural resources;
• light fires for domestic purposes (but not for clearing vegetation);
• access and maintain and protect sites and places that are important under traditional laws and customs;
• conduct and participate in cultural activities, ceremonies, meetings and teaching the physical and spiritual attributes of sites and places that are important under traditional laws and customs;
• make decisions about the use and enjoyment of the native title area by Aboriginal people who recognise themselves to be governed by traditional laws and customs acknowledged by the native title holders; and
• bring people onto the land and waters by people who aren't native title holders for limited reasons.

Non-native title rights and interests in the determination area include:

• Interests under Pastoral Lease 1132 in NT Portions 261 and 1102.
• Interests under Pastoral Lease 1104 in NT Portions 1103, 1104 and 1361.
• The interests of the Northern Territory of Australia in NT Portions 1378 and 4209.
• Interests under Special Purposes Lease 497 in NT Portion 1602.
• Interests held by the holders of fee simple estates in NT Portions 5739 and 4403.
• Rights for the passage of travelling stock in NT Portions 5171 and 5172.
• Other interests held under mining and petroleum tenements.
• The interests of Telstra Corporation Limited (ACN 051 775 556) related to its telecommunications facilities.
• The rights of Aboriginal persons under the Pastoral Land Act 1992 (NT) in NT Portions 261, 1102, 1103, 1104 and 1361.

In the case of conflict, the exercise of non-native title rights and interests will prevail over the non-exclusive native title

The Tyatyekwenhe Aboriginal Corporation (ICN: 7888) is to be the prescribed body corporate. It performs the functions required under the Native Title Act 1993 (Cth) as agent for the native title holders.

Full text of the determination is available via the URL link above.

Background

The native title application in this case was filed in 2013 over two pastoral properties in the south of the Northern Territory. The Central Land Council negotiated this determination on behalf of four family groups who had continuing connection with the Country, including living and working on the pastoral properties since the 1890s (Central Land Council 2018). 

The determination area covers almost 20,000 square kilometres (Central Land Council 2018).

Details of Judgment

The court was satisfied that it was appropriate to make the proposed determination of native title rights and interests.

Related Entries

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