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Ryan on behalf of the members of the Central Limbunya, Nawurlala, Parayi-Kakaru and Tjutamalin landholding groups v Northern Territory of Australia [2020] FCA 1283

Category: Agreement
Binomial Name: Federal Court of Australia
Date: 10 September 2020
Sub Category:Consent Determination (Native Title Act)
Place:

Limbunya

State/Country:Northern Territory, Australia
In the vicinity of Judbarra / Gregory National Park and northwest of Kalkaringi. For a detailed description of the area and maps see Schedule B and C of the determination, attached below under documents. The area is within the jurisdiction of the Victoria Daly Regional Council.
Legal Status:

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

Legal Reference: Federal Court file no.: NTD1/17; National Native Title Tribunal file no.: DCD20/004.
Alternative Names:
  • Limbunya Pastoral Lease
  • Subject Matter:Native Title
    URL: http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FCA/2020/1283.html?context=1;query=Ryan%20on%20behalf%20of%20the%20members%20of%20the%20Central%20Limbunya%20;mask_path=au/cases/cth/FCA
    Summary Information:

    Between: Banjo Ryan Jangala, Billy Hammill Japarta, Robbie Peters Jangari, Timmy Vincent Julama and Violet Wadrill Nanaku on behalf of the members of the Central Limbunya, Nawurlala, Parayi-Kakaru and Tjutamalin landholding groups (Applicants) and Northern Territory of Australia and Jam Pastoral Pty Ltd as trustee for the Jam Pastoral Trust (Respondents)

    Judge: White J

    Where made: Kalkaringi, Northern Territory

    Determination

    Native title exists in parts of the determination area

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

    Native title holders

    Native title is held by the members of the Central Limbunya, Nawurlala, Parayi-Kakaru and Tjutamalin landholding groups.

    Non-exclusive native title rights and interests that exist over parts of the determination area

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

    • access and travel on;
    • live on the land, and for that purpose, to camp, erect shelters and other structures;
    • hunt, gather and fish;
    • access, take, and use natural water on or in the land, except water captured by the holder of Perpetual Pastoral Lease No. 1136;
    • light fires for domestic purposes, but not for the clearance of vegetation;
    • share or exchange natural resources obtained on or from the land and waters, including traditional items made from natural resources;
    • access and to maintain and protect sites and places that are important under traditional laws and customs;
    • conduct and participate in cultural activities, ceremonies, meetings, cultural practices relating to birth and death including burial rites 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 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; and
    • be accompanied 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. 

    Other rights and interests in the determination area include:

    The rights and interests of - 

    • Jam Pastoral as trustee for Jam Pastoral Trust;
    • the proprietor of NT Portion 2677;
    • Scriven Exploration (under the Mineral Titles Act 2010 (NT));
    • Wiso Oil (under the Petroleum Act 1984 (NT));
    • Paltar Petroleum (under the Petroleum Act 1984 (NT);
    • Telstra Corporation (under the Post and Telegraph Act 1901 (Cth), the Telecommunications Act 1975 (Cth), the Australian Telecommunications Corporations Acts 1989 (Cth), the Telecommunications Act 1991 (Cth) and the Telecommunications Act 1997 (Cth);
    • Aboriginal persons (whether or not native title holders) by virtue of the Northern Territory Aboriginal Sacred Sites Act 1989 (NT);
    • access by employee, servant, agent or instrumentality of the Northern Territory, Commonwealth or other statutory authority; and
    • granted by the Crown or conferred by statute. 

    Provisions relevant to the native title rights

    There are no native title rights and interests in:

    • minerals as defined by the Minerals Acquisition Act 1953 (NT);
    • petroleum as defined by the Petroleum Act 1984 (NT); and
    • prescribed substances (as defined by the Atomic Energy Act 1953 (Cth) and the Atomic Energy (Control of Materials) Act 1946 (Cth).

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

    The Malapa 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 Central Limbunya, Nawurlala, Parayi-Kakaru and Tjutamalin landholding groups.

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

    Detailed Information:

    Background

    The 5,218 square kilometre determination area, northwest of Kalkaringi, belonged to Lord Vestey's cattle empire and was run as part of Waterloo Station until the 1980s. After Gurindji stockman Vincent Lingiari led striking Aboriginal workers off Wave Hill Station in 1966, families working on Limbunya Station also walked-off. Many of the families today live in Kalkaringi and Daguragu and native title holders continue to access their country for cultural and ceremonial purposes (CLC, Native Title to be recognised on Limbunya Station).

    Limbunya Station was a major ceremonial centre in the continuation of law and customs and it was not uncommon for Indigenous station workers from the region to walk hundreds of kilometres during the wet season to attend such ceremonies (CLC, Native Title to be recognised on Limbunya Station).

    The Central Land Council (CLC) lodged the native title application on behalf of the applicant in January 2017, in part because there is mining interest in the pastoral lease area. CLC's manager of native title, Francine McCarthy noted that '[t]he determination also recognises that their cultural connection to their land dates back to time immemorial' (CLC, Native Title to be recognised on Limbunya Station).  

    Details of Judgment

    At an on-country hearing at Kalkaringi, the Federal Court recognised the applicant's rights in relation to parts of the determination area. White J noted '[t]he fact that all parties to the application both consent to, and support, the making of the determination is significant' [25]. 

    The signed agreement was filed in the Federal Court pursuant to s 87 of the Native Title Act 1993 (Cth) and the Court was satisfied that making a determination of native title was within its power [9].

    It was also agreed that certain public works and other infrastructure (described in Schedule C) had wholly extinguished native title rights and interests over parts of the determination area. However, White J held that the parties were 'at liberty to apply to establish the precise location and boundaries of these public works and the adjacent land and waters referred to in Schedule C' [21]. 

    Outcomes:

    Native title exists in parts of the determination area.


    Related Entries

    Organisation
  • National Native Title Tribunal
  • Central Land Council
  • Northern Territory of Australia - Respondent
  • Malapa Aboriginal Corporation RNTBC
  • Victoria Daly Regional Council
  • Scriven Exploration Pty Ltd
  • Telstra Corporation Limited
  • Wiso Oil Pty Ltd
  • Paltar Petroleum Limited
  • Jam Pastoral Pty Ltd as Trustee for the Jam Pastoral Trust - Respondent
  • Event
  • Wave Hill Walk-off / Gurindji Strike
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Mineral Titles Act 2010 (NT)
  • Petroleum Act 1984 (NT)
  • Post and Telegraph Act 1901(Cth)
  • Telecommunications Act 1975 (Cth)
  • Australian Telecommunications Corporation Act 1989 (Cth)
  • Telecommunications Act 1991 (Cth)
  • Telecommunications Act 1997 (Cth)
  • 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)
  • People
  • Banjo Ryan Jangala and others on behalf of the members of the Central Limbunya, Nawurlala, Parayi-Kakaru and Tjutamalin landholding groups - Native Title Applicant
  • Members of the Central Limbunya, Nawurlala, Parayi-Kakaru and Tjutamalin landholding groups - Native Title Claimant

  • References

    Media Release
    Central Land Council (9 September 2020) Native Title to be recognised on Limbunya Station

    Documents

    Document
    Extract from the National Title Register for DCD2020/004 as at 20/07/2021 (Limbunya Pastoral Lease). - ( PDF | PDF | 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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