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O'Keefe on behalf of the Wurdaliya Garambarini, Mambali Nangguya, Rrumburriya Ngurrmu/Jawuma and Murrungun Wunubari Estate Groups v Northern Territory of Australia [2021] FCA 717

Category: Agreement
Binomial Name: Federal Court of Australia
Date: 29 June 2021
Sub Category:Consent Determination (Native Title Act)
Place:

Gulf of Carpentaria Region

State/Country:Northern Territory, Australia
The Determination area covers that part of the Limmen National Park which was formerly the Billengarah Pastoral Lease area. For a detailed description and map of the area see Schedules A and B, attached below under documents. The area is within the jurisdiction of the Roper Gulf Regional Council.
Legal Status:

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

Legal Reference: Federal Court file no.: NTD21/2016; National Native Title Tribunal file no.: DCD2021/003
Alternative Names:
  • Billengarrah No. 2 Pastoral Lease
  • Subject Matter:Native Title
    URL: https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FCA/2021/717.html
    Summary Information:

    Between: Robert O'Keefe Snr on behalf of the Wurdaliya Garambarini, Mambali Nangguya, Rrumburriya Ngurrmu/Jawuma and Murrungun Wunubari Estate Groups and others (Applicants) and Northern Territory of Australia, Armour Energy Limited (Respondents)

    Judge: White J

    Determination

    Native title exists in parts of the determination area

    Non-exclusive native title rights and interests exist in parts of the determination area.

    Native title holders

    Native title is held by the Wurdaliya Garambarini, Mambali Nangguya, Rrumburriya Ngurrmu/Jawuma and Murrungun Wunubari Estate Groups.

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

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

    • access, remain on and use the areas;
    • take for any purposes the resources of areas; 
    • protect places, areas and things of traditional significance;
    • live and camp on the areas, and to erect shelters and other structures in those areas;
    • light fires for domestic purposes; and
    • perform cultural practices relating to birth and death, including burial rites. 

    Other rights and interests in the determination area include:

    • interests of the Parks and Wildlife Commission of the Northern Territory pursuant to the Territory Parks and Wildlife Conservation Act 1978 (NT) and Parks and Wildlife Commission Act 1980 (NT);
    • interests of members of the public arising from rights of access to and use of these areas;
    • rights of Aboriginal persons (whether or not native title holders) pursuant to the Northern Territory Aboriginal Sacred Sites Act 1989 (NT);
    • rights of access by an employee, servant, agent or instrumentality of the Northern Territory or Commonwealth, or other statutory authority in the performance of statutory duties; and
    • rights and interests of holders of a license under the Mineral Titles Act 2010 (NT), Petroleum Act 1984 (NT) and Energy Pipelines Act 1981 (NT).

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

    Top End (Default PBC/CLA) Aboriginal Corporations is the Registered Native Title Body Corporate (RNTBC). It performs the functions required under the Native Title Act 1993 (Cth) and acts as an agent of the native title holders.

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

    Detailed Information:

    Background

    On May 9 2016 the Applicant filed an application for a determination of native title over the former Billengarrah pastoral lease area (approx 2,111 km2) which was declared part of the Limmen National Park in July 2012 and surrendered in June 2014 [3].

    The Applicant provided the necessary evidence to support its claim, including various anthropological reports identifying the Aboriginal groups connected to the determination area  [14-16]. In light of the material, both parties agreed that the claimants held native title rights and interests in the determination area [17]. 

    Details of Judgment

    An agreement to the determination was signed by the parties and filed according to the requirements of s 87 of the Native Title Act 1993 (Cth) (NTA) [20]. Justice White found it appropriate, given all the requirements of s 87 of the NTA had been met, to recognise that the native title rights and interests of the Claimants exist and have always existed [27]-[28]. 

    Outcomes:

    Native Title exists in parts of the determination area.


    Related Entries

    Organisation
  • National Native Title Tribunal
  • Armour Energy Limited - Respondent
  • Northern Territory of Australia - Respondent
  • Top End (Default PBC/CLA) Aboriginal Corporations RNTBC
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • Territory Parks and Wildlife Conservation Act 1978 (NT)
  • Parks and Wildlife Commission Act 1980 (NT)
  • Northern Territory Aboriginal Sacred Sites Act 1989 (NT)
  • Mineral Titles Act 2010 (NT)
  • Petroleum Act 1984 (NT)
  • Energy Pipelines Act 1981 (NT)
  • People
  • Robert O'Keefe Snr & others on behalf of the Wurdaliya Garambarini & other Estate Groups - Native Title Applicant
  • Wurdaliya Garambarini, Mambali Nangguya, Rrumburriya Ngurrmu/Jawuma and Murrungun Wunubari Estate Groups - Native Title Claimant

  • Documents

    Document
    Extract from the National Native Title Register for file no.: DCD2021/003 as at 10/08/2022 (Billengarrah No. 2 Pastoral Lease) - ( PDF | PDF | 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) | Registered Native Title Body Corporate (RNTBC) (Native Title Act) (Australia)

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