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

Southern Northern Territory

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

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.

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.

Native title exists in part of the determination area.

Related Entries

Documents

Glossary