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Penangk on behalf of the members of the Kwaty and Tywerl Landholding Groups v Northern Territory of Australia [2017] FCA 336

Category: Agreement
Binomial Name: Federal Court of Australia
Date: 5 April 2017
Sub Category:Consent Determination (Native Title Act)
Place:

Southern Northern Territory

State/Country:Northern Territory, Australia
Two areas located in the Central Desert Region of Australia north of the Macdonnell Ranges. The two areas, NT Portions 703 and 725, are approximately 82.4 square kilometres and 128.7 square kilometres respectively. For a detailed description of the area and maps see Schedule B of the determination, attached below under documents. The area is within the jurisdiction of the Central Desert Region Council.
Legal Status:

Registered with the National Native Title Tribunal on the Native Title Register 05/04/2017.

Legal Reference: Federal Court file no.: NTD20/2007; National Native Title Tribunal file no.: DCD2017/002
Alternative Names:
  • Aileron (Nolan's Bore)
  • Subject Matter:Native Title
    URL: http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FCA/2017/336.html
    Summary Information:

    Between: 

    Eric Penangk, Mary Cole Ngal, Dorothy Ross Ampetyan, Archie Glenn Ngal, Samuel Charles Peltharr, Walter Potter Peltharr and others on behalf of the members of the Kwaty and Tywerl Landholding Groups (Applicant)

    and

    Northern Territory of Australia (Respondent)

    Judge: Griffith 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 Kwaty and Tywerl Landholding Groups.

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

    These rights exist over the area described in Schedule E of the original application (DC2007/002). The recognised rights can be found in the determination extract under "Native Title Rights and Interests", and include the rights to:

    • access and travel the land and waters;
    • live on the land, and for that purpose, to camp, erect shelters and other structures;
    • hunt, gather and fish on the land and waters;
    • take and use the natural resources of the land and waters;
    • access, take, and use natural water on or in the land, except water captured by specified lease holders;
    • light fires for domestic purposes, but not for clearing vegetation;
    • share or exchange natural resources, including
      traditional items made from those resources;
    • access, maintain, and protect sites and places in the area that are
      important under traditional laws and customs;
    • conduct and participate in the following activities:
      cultural activities, ceremonies, meetings, cultural practices relating to birth and death, 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 land and waters by Aboriginal people
      who recognise themselves to be governed by the traditional laws and customs acknowledged by the native title
      holders, with certain limitations relating to controlling access to the area;
    • be accompanied by people who are: required by traditional law and custom for ceremonies or cultural activities, who have rights in relation to the land and waters according to the traditional laws and customs
      acknowledged by the native title holders, and those required by the native title holders to assist in, observe, or record traditional activities in the area; and
    • do what is required to give effect to the rights listed above.

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

    • the rights and interests regarding specified pastoral leases, subleases, and easements in NT Portion 703;
    • the rights and interests regarding specified pastoral leases, and easements in NT Portion 725;
    • the interests of those holding specified mining titles granted under the Mineral Titles Act or its predecessor;
    • the rights of Aboriginal persons, whether or not native title
      holders, under
      section 38(2) to (6) of the Pastoral Land Act 1992 (NT);
    • the rights of Aboriginal persons, whether or not native title holders, by virtue of the Northern Territory
      Aboriginal Sacred Sites Act 1989
      (NT);
    • the rights of access by those acting on behalf of the Northern Territory,
      Commonwealth or other statutory authority as required in the performance their statutory duties;
    • the interests of persons who has rights and interests which have been: granted by the Crown using statute or its executive power, or granted by statute.

    See "Other rights and interests" in the determination extract 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 Kwaty 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 Kwaty and Tywerl Landholding Groups. 

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

    Detailed Information:

    Background

    An original application for native title determination was filed with the Federal Court on 19 December 2007. However, the original application was delayed and later amended. The Court was asked to make orders under s 87 of the Native Title Act 1993 (Cth) in accordance with the agreed terms of the consenting parties.

    Details of Judgment

    The Court found that the requirements under s 87 were satisfied and made orders to give effect to the agreement between the applicants and the respondents.

    Outcomes:

    Native title exists in part of the determination area.


    Related Entries

    Organisation
  • National Native Title Tribunal
  • Northern Territory of Australia - Respondent
  • Central Desert Regional Council
  • Kwaty Aboriginal Corporation RNTBC
  • Central Land Council
  • Aileron Pastoral Holdings Pty Ltd (APH)
  • APT Pipelines (NT) Pty Ltd
  • Arafura Resources Limited
  • Australian Green Properties Pty Ltd
  • Centralian Pastoral Pty Ltd
  • TTG Nominees Pty Ltd
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Pastoral Land Act 1992 (NT)
  • Northern Territory Aboriginal Sacred Sites Act 1989 (NT)
  • Mineral Titles Act 2010 (NT)
  • People
  • Kwaty and Tywerl landholding groups - Native Title Claimant
  • Anmatyerr People

  • Documents

    Document
    Extract from the National Native Title Register for DCD2017/002 as at 13/02/2021 (Aileron (Nolan's Bore)) - ( PDF | PDF)

    Glossary

    Native Title (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title Registers | Aboriginal and Torres Strait Islander (Australia) | Applicant | Respondent | Consent Determination (Native Title Act 1993 (Cth)) (Australia) | Aboriginal Corporation (Australia) | Native Title Applicants | Native Title Holders (Native Title Act 1993 (Cth)) (Australia) | Native Title Representative Body (NTRB) (Australia)

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