Jack on behalf of the Imarnte, Titjikala and Idracowra Estates v Northern Territory of Australia [2018] FCA 708

Central Region of the Northern Territory

Registered with the National Native Title Tribunal on the Native Title Register.

Between: Desmond Jack, Reggie Kenny, Jeanette Ungwanaka, and Eric Braedon on behalf of the members of Imarnte, Titjikala and Idracowra Estates (Applicants) and Northern Territory of Australia; Helium Australia Pty Ltd ACN 078 104 006; and Santos QNT Pty Ltd (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 holders

The people who are members by descent or adoption of the five family groups are Braedon (Group 1), Taylor and Kenny (Group 2), Johnson (Group 3), Ungwanaka, Schilling, Campbell and Pepperill (Group 4), and Abbott, Armstrong and Corrigan (Group 5) with responsibility for the Imarnte, Titjikala and Idracowra Estates.

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

Apart from areas of public works, as described in Schedule C, these rights exist over the area described in Schedules A and B and include the rights to:

• access, travel over, remain on, and use the areas; 
• erect shelters and other structures;
• take and use natural resources of the land and waters;
• take and use natural water on or in the land, except water captured by the holder of Perpetual Pastoral Lease No 1063;
• maintain and protect places, areas, and things of traditional significance;
• hunt and fish on the land and waters of the areas; 
• light fires for domestic purposes but not for the clearance of vegetation; and 
• conduct and participate in cultural activities including cultural practices relating to birth and death, burial rituals, ceremonies, meetings, and teachings relating to the spiritual and cultural significance of the land. 

Other rights and interests in the determination area

These other rights and interests exist over the area described in clause 9 of the determination and include those held by:

• Pancheck Pty Ltd, as trustee of the Oldfield Family Trust under Perpetual Pastoral Lease No 1063; 
• Northern Territory of Australia, in relation to part of the NT Portion 1229 of the determination.
• holders of titles granted under the Mineral Titles Act 2010 (NT) (or its predecessor);
• Telstra Corporation Limited as the owner or operator of telecommunications facilities within the Determination area, to inspect the land, install, occupy and operate telecommunications facilities under the Post and Telegraph Act 1901 (Cth), the Telecommunications Act 1975 (Cth), the Australian Telecommunications Corporations Act 1989 (Cth), the Telecommunications Act 1991 (Cth), and the Telecommunications Act 1997 (Cth);
• any employee, servant, or agent of the Northern Territory or Commonwealth of Australia to perform required statutory duties; and
• persons who have validated rights and interests granted by the Crown pursuant to statute or conferred on by statute. 

See clause 9 for further information about the non-native title rights and interests.

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

The Rodinga Aboriginal Corporation Registered Native Title Body Corporate (RNTBC), is the prescribed body corporate. It performs the functions required under the Native Title Act 1993 (Cth) and acts as agent for the Imarnte, Titjikala and Idracowra Estate Groups.

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

Background

In 2015, the Applicant filed a claim for a native title determination by consent in relation to approximately 3225 square kilometres of land and waters in the Central Region of the Northern Territory of Australia. 

The applicant provided an anthropological report by Dr Morton who conducted field research in October 2014, October 2015 and March 2016 [17]. 

The parties reached agreement to recognise the claimants as native title holders over the Determination Area. The parties have also agreed to a list of commonly occurring Government public works within the Determination Area that wholly extinguish native title per Schedule C [19]. The parties filed their agreement with the Court. 

Details of Judgment

Dr Morton's anthropological report examined the known lineage of claimants and confirmed their long-standing respective responsibilities in relation to the Imarnte, Titjikala and Idracowra estates within the Determination Area and addresses the requirement of s 225 of the Native Title Act 1993 (Cth) [17]. Justice Charlesworth held that the report was a proper basis for the parties' consent to their filed agreement [18].

His Honour was satisfied that it was within the Court's power under s 87(1)(A) of the NTA to make a determination that was consistent with the terms of the party's written agreement [20].

Native title exists in parts of the determination area. 

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