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Freddie on behalf of the Kankawarla, Kanturrpa, Kurtinja, Patta, Pirrtangu, Purrurtu and Warupunju landholding groups v Northern Territory of Australia [2019] FCA 1024 | ||
Binomial Name: | Federal Court of Australia | |
Date: | 4 July 2019 | |
Sub Category: | Consent Determination (Native Title Act) | |
Place: | Tennant Creek | |
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State/Country: | Northern Territory, Australia | |
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The determination area includes the lands and waters in Tennant Creek, in the centre of the Northern Territory, to the east of the Tanami Desert. It is comprised of seven NT Portions held under the Tennant Creek Pastoral Lease and two NT portions held by the AustralAsia Railway Corporation under Crown Lease Term 1902, as outlined in Schedule A. For a detailed description of the area and maps see Schedule A and B of the determination, attached below under documents. The area is within the jurisdiction of the Barkly Shire Council. | ||
Legal Status: | Registered with the National Native Title Tribunal on the Native Title Register. | |
Legal Reference: | Federal Court file no.: NTD48/2017; National Native Title Tribunal file no.: DCD2019/003 | |
Subject Matter: | Native Title | |
URL: | http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FCA/2019/1024.html?context=1;query=freddie%20on%20behalf%20of;mask_path=au/cases/cth/FCA | |
Summary Information: | ||
Between: Colin Freddie, Ian Waistcoat, Jeffrey Foster, Michael Jones, Mick Murphy, Norman Frank, Ronald Brown and Rose Graham (Applicant) and Northern Territory of Australia, Colour Minerals Pty Ltd and Jemena Northern Gas Pipeline Pty Ltd (Respondents) Judge: Charlesworth J Where made: Lirripi, on the cattle stations around 36km south of Tennant Creek Determination Native title exists in parts of the determination area It consists of non-exclusive native title rights and interests. Native title holders Kankawarla, Kanturrpa, Kurtinja, Patta, Pirttangu, Purrurtu and Warupunju landholding groups. Non-exclusive native title rights and interests exist over part of the determination area These rights exist over the area described in Schedule A and include:
Other rights and interests in the determination area include the rights and interests of:
See the National Native Title Tribunal's extract from the determination attached below 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 Ngurramarla 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 Kankawarla, Kanturrpa, Kurtinja, Patta, Pirttangu, Purrurtu and Warupunju landholding groups. Full text of the determination is available via the URL link above. | ||
Detailed Information: | ||
Background On 3 October 2017, the applicant commenced the proceeding for an application for a determination of native title. All respondents then joined to resolve the whole claim by consent under s 87 of the Native Title Act 1993 (Cth) (NTA) [2]. A notice was issued under s 66 and the period specified in the notice ended on the 23 April 2018 [6]. On 14 June 2019, the agreement was filed with the Court in writing, signed by or on behalf of the parties, and was amended on 26 June 2019 [6].
On 24 November 2019, the application was accepted for registration under s 190A of the NTA [6]. Purrurtu Traditional Owner, Ross Jakamarra Williams, said that 'it is a proud day today because older people fought very hard. It's good to be part of the negotiation. The younger generation can nurture and keep the story going for the next generation' (National Indigenous Times, 2019). Kanturrpa Traditional Owner Beryl Brown was happy to have native title recognised 'after all these years' (National Indigenous Times, 2019). Native title holder, Jerry Kelly, said 'native title gives us a say over what is happening on our country and to protect our sacred sites and dreamings' (Central Land Council, 2019). Details of Judgment The Court held that the application was valid [10] and that it is within the power of the Court to make the orders sought by the parties [11], [19]. The Court was satisfied that the requirements of s 225 of the NTA were complied with in the agreement, in accordance with s 94A [7]-[9], and that there is no other determination or application for a determination of native title on the specified land and waters as per s 68 and s 67(1) of the NTA [10]. Justice Charlesworth was satisfed that the parties entered into the agreement freely, and on an informed basis [14]-[15]; the Northern Territory provided an anthropological report and prepared an analysis on the extinguishment of native title in parts of the area [16]. Justice Charlesworth also noted the importance of the anthropological reports in assisting 'non-Indigenous Australians to better appreciate the unique and ancient culture of Aboriginal peoples and Torres Strait Islanders and to better appreciate the relevance and importance of that culture' [17]. The Court also highlighted how much care and concern the landholding groups had to ensure the land and waters in the area were respected and protected [18]. Charlesworth J made orders in the terms proposed by the parties [19]. | ||
Outcomes: | ||
Native title exists in part of the determination area |
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