Reiff on behalf of the members of the Ankerente, Arntinarre, Arraperre, Artwele, Atnwale, Ilparle, Immarkwe, Lyte and Thipartherre Landholding Groups v Northern Territory of Australia [2021] FCA 400

Dulcie Range National Park

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

Between: Andrew Reiff, David Blue, Donald Madrill, Henry Oliver and Timothy Norman on behalf of the Ankerente, Arntinarre, Arraparre, Artwele, Atnwarle, Ilparle, Immarkwe, Lyte and Thipartherre Landholding Groups (Applicant) and the Northern Territory of Australia, AMI Resources Pty Ltd, Jinka Minerals Ltd and Molyhil Mining Pty Ltd (Respondents)

Judge: Charlesworth J

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 members of Ankerente, Arntinarre, Arrapere, Artwele, Atnwarle, Ilparle, Immarkwe, Lyte and Thipatherre people. Membership of the nine landholding groups is determined by either descent or by recognition from senior members of one or more landholding groups.

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

These rights and interests exist over the entire determination area, with the exception of public works areas as described in Schedule C, and include the right to:

• access and travel; 
• live on the land, camp and erect shelters;
• hunt, gather and fish; 
• take and use natural resources; 
• access, take and use natural water; 
• light fires for domestic purposes, except for clearing vegetation;
• share or exchange natural resources obtained on or from the land;
• maintain and protect sites and places important under traditional laws and customs;
• conduct and participate in cultural activities, ceremonies, meetings, cultural birth practices, teaching the site's physical and cultural attributes;
• make decisions about the use and enjoyment of the land and waters by Aboriginal people, provided that these do not control access of people to the determination area; and
• be accompanied by non-native title holders who: are required for the performance of ceremonies; have rights in relation to the land and powers under traditional laws and customs and people required by native titles holders to assist in traditional activities. 

Other rights and interests in the determination area include those held:

• under Jervois Perpetual Pastoral Lease pursuant to Pt 2.2 (Heritage Act 2011 (NT));
• under Olympia Resources Limited ILUA (DI2003/008);
• under Sandover Petroleum ILUA (DI2003/008);
• under NT Oil Ltd EP 127 and 128 ILUA (DI2007/002); 
• under Jervois Project ILUA (DI2016/003);
• under Imperial Granites & Minerals Pty Ltd ILUA (DI2002/004);
• under NT Oil Ltd: 127 and 128 ILUA (DI2007/002);
• those of the Ilparle Aboriginal Land Trust;
• the use of the stock route for travelling stock under s 113 Crown Lands Act 1931 (NT);
• those held by Aboriginal persons held under ss 38(2)-(6) of the Pastoral Land Act 1992 (NT) and the Northern Territory Aboriginal Sacred Sites Act 1989 (NT);
• by Molyhil Mining, Territory Phosphate, Jinka Minerals, AMI Resources, DBL Blues, Arafura Resources, Bowgan Minerals, Territory Lithium and Typhon Minerals holding of mining titles granted under the Mineral Titles Act 2010 (NT);
• by Global Oil & Gas Ltd holding a petroleum title granted pursuant to the Petroleum Act 1984 (NT);
• by Telstra Corporation Limited under statute;
• as an equitable interest by those who use and maintain the unofficial airstrip;
• by the Northern Territory (Crown land);
• for access by the Northern Territory, Commonwealth or other statutory authority as required in the performance of their statutory duties; and
• under valid grants by the Crown pursuant to statute. 

See the determination 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 Ingkekure 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 Ankerente, Arnitinarre, Arraperre, Artwele, Atnwarle, Ilparle, Immarkwe, Lyte and Thipartherre Landholding Groups.

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

Background

An application was filed on 10 May 2018 and amended on 16 July 2018 for the determination of this area. [consider whether it is worthwhile including the reason why it was amended] On the 28 November 2019 the court made an order that the Jervois Perpetual Pastoral Lease was a future act within s 223 of the Native Title Act (Cth) [3]. This cleared the way for the parties to submit an agreement on 18 March 2020 for determination by the court under s 87 of the NTA.

Details of Judgment

Pursuant to s 87 of the NTA, Charlesworth J found it appropriate to make a determination consistent with that sought by the parties without a hearing and  commended the parties on having reached an agreement [24]. The notice period had been adequately satisfied and the Her Honour was satisfied that the determination was within the Court's powers under s 225 of the NTA to approve. 

The applicant's connection to country was evidenced through nine landholding groups forming part of a larger society under the shared North-Eastern Arrernte language and body of Arrernte laws and customs [11]. This connection was supported by anthropological evidence accepted by the court. The signed minute of proposed orders describes those holding native title rights as a member of one of these nine landholding groups by descent or by accepted as a member by senior members [12].

Native Title exists in parts of the determination area.

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