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

Southwest of Alice Springs. 

Registered on the National Native Title Register

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.

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]. 

Native title exists in parts of the determination area. 

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