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Riley on behalf of the Burdal Riley, Murrungun Wunubari and Mambali Walangara Estate Groups v Northern Territory of Australia [2021] FCA 716

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 the Lorella Pastoral Lease land and is approx. 3840 sq km in size. 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 Roper Gulf Region Council.

Legal Status:

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

Legal Reference: Federal Court file no.: NTD18/2016; National Native Title Tribunal file no.: DCD2021/004.
Subject Matter:Native Title
URL: http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FCA/2021/716.html?context=1;query=Burdal%20Riley;mask_path=au/cases/cth/FCA
Summary Information:

NTD 18 OF 2016

Between: Jacob Riley and Others on behalf of the Burdal Riley, Murrungun Wunubari and Mambali Walangara Estate Groups (Applicant) and Northern Territory of Australia (Respondents)

Judge: White 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 the Bundal Riley, the Murrunhun Wunubari and the Mambali Walangara Estate Groups and, in accordance with observed traditional laws and customs, members of neighbouring estate groups and their spouses are also native title holders.

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

Members of the Bundal Riley, the Murrunhun Wunubari and the Mambali Walangara Estate Groups possess the rights over the area described in Schedule C, including:

  • access, remain and use areas;
  • access and to take for any purpose the resources of the areas and;
  • to protect places, areas and things of traditional significance.

Members of neighbouring estate groups and their spouses possess the same rights over the area described in Schedule C, apart from the rights to take resources for any purpose or protect places, areas and things of traditional significance.

Schedule D describes the areas where public works, as defined in s 253 of the NTA, has extinguished native title. 

Other rights and interests in the determination area include:

  • those held under the Lorella Pastoral Lease;
  • the rights and interests of Telstra Corporation Limited;
  • the rights of Aboriginal persons in the reservation in the Lorella Pastoral Lease made under s 38 of the Pastoral Land Act 1992 (NT)
  • the rights and interests of certain exploration licences, mineral extraction and exploration permits, and single access authority granted under the Mineral Titles Act 2010 (NT) and the Petroleum Act 1984 (NT) and;
  • rights and interests granted by the Crown.

See the Extract, specifically clause 15, for further information about the other interests. 

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

The Top End 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 Burdal Riley, Murrungun Wunubari and Mambali Walangara Estate Groups. 

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

Detailed Information:

Details of Judgment

Through negotiation, the parties reached an agreement in regards to native title on the Lorella Pastoral Lease land. The Bundal Riley, the Murrunhun Wunubari and the Mambali Walangara Estate Groups hold native title rights within the part of that area where the establishment of public works has not extinguished native title. The parties' agreement was coherent with s 87 of the Native Title Act 1993 (Cth) and the Court was satisfied that a legitimate agreement had been reached, and was able to make the determination.

Outcomes:
Native title exists in part of the determination area.

Related Entries

Organisation
  • National Native Title Tribunal
  • Telstra Corporation Limited
  • Northern Territory of Australia - Respondent
  • Roper Gulf Regional Council - 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)
  • Petroleum Act 1984 (NT)
  • Mineral Titles Act 2010 (NT)
  • Pastoral Land Act 1992 (NT)
  • People
  • Jacob Riley and Others on behalf of the Burdal Riley, Murrungun Wunbari and Mambali Walangara Estate Groups - Native Title Applicant
  • Burdal Riley, Murrungun Wunubari and Mambali Walangara Estate Groups - Native Title Claimant

  • Documents

    Document
    Extract from the National Native Title register for DCD2021/004 as at 25/08/2022 (Lorella #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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