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Breadon on behalf of the members of the Inteyere, Twenge, Ipmengkere, Murtikutjara, Aniltika and Nthareye Landholding Groups v Northern Territory of Australia [2018] FCA 890

Category: Agreement
Binomial Name: Federal Court of Australia
Date: 20 June 2018
Sub Category:Consent Determination (Native Title Act)
Place:

Southwest of Alice Springs. 

State/Country:Northern Territory, Australia
The Determination area is comprised of 5197 square kilometres of land situated approximately 90 kilometres southwest of Alice Springs. The area includes the Henbury Pastoral Lease and four other portions of land. For a detailed description of the area and maps see Schedules A and B of the determination attached below under documents. The area is within the jurisdiction of the Macdonnell Council.
Legal Status:

Registered on the National Native Title Register

Legal Reference: Federal Court file no.: NTD47/2016; National Native Title Tribunal file no.: DCD2018/003
Alternative Names:
  • Henbury Pastoral Lease
  • Subject Matter:Native Title
    URL: http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FCA/2018/890.html
    Summary Information:

    Between: Bruce Breadon, Baydon Williams, Christobel Swan, Felix Armstrong, Gordon Lucky and Kevin Ungwanaka on behalf of the members of the Inteyere, Twenge, Ipmengkere, Murtikutjara, Aniltika and Nthareye Landholding Groups (Applicants) and Northern Territory of Australia and Henbury Holdings Pty Ltd (ACN 169 887 585) (Respondents). 

    Judge: Reeves J. 

    Determination

    Native title exists in parts of the determination area 

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

    Native title holders

    Members of one or more of Members of one or more of the Inteyere, Twenge, Ipmengkere, Murtikutjara, Aniltika and Nthareye landholding groups, by virtues of descent (including adoption) through father's father, father's mother, mother's father and mother's mother or other accepted members. 

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

    These rights and interests exist over the area described in clause 9 of the determination 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 1094 (the Henbury Pastoral Lease);
    • 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:

    • Henbury Holdings Pty Ltd, as trustee for the Henbury Unit Trust under the the Henbury Pastoral Lease;
    • Conservation Land Corporation, in relation to NT Portion 551 of the determination;
    • Northern Territory of Australia, in relation to NT Portions 1054 and 3896 of the determination;
    • persons who have validated rights of the use for the passage of travelling stock (Hugh Rive Stock Route) in relation to NT Portion 5169;
    • parties to the Indigenous Land Use Agreement DI2007/007 (Central Petroleum ILUA) in relation to, NT Portions 551, 657, 1054, 3896 and 5169;
    • holders of titles granted under the Mineral Titles Act 2010 (NT) (or its predecessor) and the Petroleum Act 1984 (NT);
    • 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. 

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

    See s 9 of the court determination for further information about the non-native title rights and interests.

    The Twenga 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 Inteyere, Twenge, Ipmengkere, Murtikutjara, Aniltika and Nthareye Landholding Groups.

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

    Detailed Information:

    Background

    On 6 September 2016, the Applicant filed a native title determination application over various areas of land and waters in the Northern Territory, Australia [2].

    On 20 April 2017, the Applicant provided an anthropological report relating to the claim area and native title applicants. Thereafter, the parties reached agreement on all of the anthropological issues raised in the application [3]. 

    On 23 November 2017, the Northern Territory provided the Applicant with a tenure analysis showing that parts of the native title claimant areas had previously been extinguished. Thereafter the parties came to an agreement relating to parts of the claimant area in which native title existed and those which had been suppressed or extinguished [4].

    Details of Judgment

    Justice Reeves considered whether the Applicant had satisfied the criteria outlined in s 87(1) of the Native Title Act 1993 (Cth) [12-25]. Being satisfied it was within the Court's power to do so under s 87 of the Native Title Act, his Honour determined that native title exists as described and depicted in Schedules A and B and does not exist in the area described in Schedule C [3]. 

    Reeves J accordingly granted orders which provided the lawful and public recognition of the native title rights and interests of the native title claimants. His Honour acknowledged that native title had existed in the determination area, according to the traditional laws and customs of the claimant groups long before it was given the name Henbury [29]. 

    Outcomes:

    Native title exists in parts of the determination area. 


    Related Entries

    Organisation
  • National Native Title Tribunal
  • Conservation Land Corporation
  • Northern Territory of Australia - Respondent
  • Commonwealth of Australia
  • Telstra Corporation Limited
  • MacDonnell Regional Council
  • 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)
  • Telecommunications Act 1975 (Cth)
  • Australian Telecommunications Corporation Act 1989 (Cth)
  • Telecommunications Act 1991 (Cth)
  • Telecommunications Act 1997 (Cth)
  • People
  • Ipmengkere, Murtikutjara, Aniltika, Twenge, Inteyere, and Impengkere Landholding Groups - Native Title Claimant
  • Breadon and others on behalf of the Inteyere and other Landholding Groups - Native Title Applicant

  • Documents

    Document
    Extract from the Native Title Tribunal Register for DCD 2018/003 as at 01/09/2022 (Henbury Pastoral Lease) - ( 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) | Registered Native Title Body Corporate (RNTBC) (Native Title Act) (Australia)

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