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Ngwarray on behalf of the members of the Alhankerr, Atwel/Alkwepetye, Ilkewarn, Kwaty, Mpweringke, Ntyerlkem/Urapentye and Tywerl Landholding Groups v Northern Territory of Australia [2017] FCA 337

Category: Agreement
Date: 5 April 2017
Sub Category:Consent Determination (Native Title Act)
Place:

State/Country:Northern Territory, Australia
The Central Desert Region is in the central part of Australia and encompasses the Tanami Desert. It borders the MacDonnell Region in the south and is located above Alice Springs. For a detailed description of the area and maps see the determination area outlined in Schedule B. The area is within the jurisdiction of the Central Desert Regional Council and the MacDonnell Regional Council.
Legal Status:

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

Legal Reference: Federal Court file no.: NTD8/2014; National Native Title Tribunal file no.: DCD2017/001
Alternative Names:
  • Aileron Pastoral Lease
  • Ngwarray on behalf of the members of the Alhankerr, Atwel/Alkwepetye, Ilkewarn, Kwaty, Mpweringke, Ntyerlkem/Urapentye and Tywerl Landholding Groups v Northern Territory of Australia [2017] FCA 337
  • Subject Matter:Native Title
    URL: http://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FCA/2017/337.html
    Summary Information:

    Ngwarray on behalf of the members of the Alhankerr, Atwel/Alkwepetye, Ilkewarn, Kwaty, Mpweringke, Ntyerlkem/Urapentye and Tywerl Landholding Groups v Northern Territory of Australia [2017] FCA 337

    Between: Ngwarray on behalf of the members of the Alhankerr, Atwel/Alkwepetye, Ilkewarn, Kwaty, Mpweringke, Ntyerlkem/Urapentye and Tywerl Landholding Groups (Applicant) and Northern Territory of Australia (Respondents)

    Judge: Griffiths J

    Determination

    Native title exists in part 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 the Alhankerr, Atwel/Alkwepetye, Ilkewarn, Kwaty, Mpweringke, Ntyerlkem/Urapentye and Tywerl landholding groups respectively by virtue of descent OR or accepted members of those groups by recognition. It is also held by recognised members of the Kwaty landholding group AND those persons with a connection to the Kwaty estate on the basis of shared Dreaming track affiliation.

    Exclusive native title rights and interests over all of the determination area

    There are no exclusive native title rights and interests that exist in the determination area in Schedule B

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

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

    • The right to access and travel over any part of the land and waters;
    • The right to live on the land, and for that purpose, to camp, erect shelters and other structures;
    • The right to hunt, gather and fish on the land and waters;
    • The right to take and use the natural resources of the land and waters;
    • The right to access, take and use natural water on or in the land, except water captured by the holders of Perpetual Pastoral Lease No. 1097;
    • The right to light fires for domestic purposes, but not for the clearance of vegetation;
    • The right to share or exchange natural resources obtained on or from the land and waters, including traditional items made from the natural resources;
    • The right to access and to maintain and protect sites and places on or in the land and waters that are important under traditional laws and customs;
    • The right to conduct and participate in the following activities on the land and waters: (i) cultural activities; (ii) ceremonies; (iii) meetings; (iv) cultural practices relating to birth and death including burial rites; and (v) teaching the physical and spiritual attributes of sites and places on the land and waters that are important under traditional laws and customs;
    • The right to 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 provided that the right does not extend to making any decision that purports to control the access of such persons to the determination area;
    • The right to be accompanied on the land and waters by persons who, though not native title holders, are: (i) people required by traditional law and custom for the performance of ceremonies or cultural activities on the land and waters; (ii) people who have rights in relation to the land and waters according to the traditional laws and customs acknowledged by the native title holders; (iii) people required by the native title holders to assist in, observe, or record traditional activities on the areas; and
    • The right to conduct activities necessary to give effect to the rights referred to above.

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

    • Various companies and related entities have non-native title rights and interests in parts of the area. More information on the specific companies and parts of the area is available via the NNTT Extract. These companies are (i) Aileron Pastoral Holdings Pty Ltd (APH); (ii) GWA (North) Pty Ltd; (iii) Arafura Resources Limited; (iv) Australian Mining & Gemstone Co Pty Ltd; (v) Territory Exploration Pty Ltd; (vi) Telstra Corporation Limited; (vii) APT Pipelines (NT) Pty Ltd; (viii) Conservation Land Corporation; (ix) AustralAsia Railway Corporation and (x) Jinka Minerals Ltd.
    • The rights of Aboriginal persons (whether or not native title holders) by virtue of the Northern Territory Aboriginal Sacred Sites Act 1989 (NT);
    • Rights of access by an employee, servant, agent or instrumentality of the Northern Territory, Commonwealth or other statutory authority as required in the performance of his or her statutory duties; and
    • The interests of persons to whom valid or validated rights and interests have been:(i)granted by the Crown pursuant to statute or otherwise in the exercise of its executive power; or(ii)conferred by statute.

    See Schedule B 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 Irretyepwenty Ywentent Pwert 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 native title holders. The native title is not held in trust for the native title holders.

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

    Detailed Information:

    Background

    The Aileron application was first filed on 21 March 2014 pursuant to s. 61 of the Native Title Act 1993 (Cth), and was entered on the Register of Native Title Claims on 26 June 2014.

    The outcome of the consent determination has recognised the claim to approximately 4,002 square kilometres of land. The rights will co-exist with those of the Aileron lease holders, who will continue to run the properties as cattle stations.

    Details of Judgment

    The parties reached agreement as to the terms of the Determination which was to be made in relation to the land and waters covered by the application. They requested that the Court hear and determine this proceeding in
    accordance with their agreement.

    The Court was satisfied that it would be appropriate and within its
    power to recognise the native title holders
    for the determined area.


    Related Entries

    Organisation
  • National Native Title Tribunal
  • Northern Territory of Australia - Respondent
  • Central Desert Regional Council
  • MacDonnell Regional Council
  • Irretyepwenty Ywentent Pwert Aboriginal Corporation RNTBC
  • Central Land Council
  • APT Pipelines (NT) Pty Ltd
  • Conservation Land Corporation
  • AustralAsia Railway Corporation
  • Jinka Minerals Ltd
  • Telstra Corporation Limited
  • Aileron Pastoral Holdings Pty Ltd (APH)
  • GWA (North) Pty Ltd
  • Arafura Resources Limited
  • Australian Mining & Gemstone Co Pty Ltd
  • Territory Exploration Pty Ltd
  • Central Desert Native Title Services Ltd
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Post and Telegraph Act 1901(Cth)
  • Telecommunications Act 1975 (Cth)
  • Australian Telecommunications Corporation Act 1989 (Cth)
  • Telecommunications Act 1991 (Cth)
  • Telecommunications Act 1997 (Cth)
  • Pastoral Land Act 1992 (NT)
  • Northern Territory Aboriginal Sacred Sites Act 1989 (NT)
  • Minerals (Acquisition) Act (NT)
  • Atomic Energy Act 1953 (Cth)
  • Atomic Energy (Control of Materials) Act 1946 (Cth)
  • Energy Pipelines Act 1981 (NT)
  • Petroleum Act 1984 (NT)
  • People
  • Ngwarray on behalf of the members of the Alhankerr, Atwel/Alkwepetye, Ilkewarn, Kwaty, Mpweringke, Ntyerlkem/Urapentye and Tywerl Landholding Groups - Native Title Applicant
  • The Alhankerr, Atwel/Alkwepetye, Ilkewarn, Kwaty, Mpweringke, Ntyerlkem/Urapentye and Tywerl Landholding Groups - Native Title Claimant

  • References

    Media Release
    Central Land Council (04/04/2017 ) Native title over Mt Riddock, Aileron and Nolan Bore to be declared

    Documents

    Document
    National Native Title Tribunal Extract from the Native Title Applications, Registration Decisions and Determinations Register for DCD2017/001 as at 05/04/2017 (Ngwarray). - ( 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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