Lansen on behalf of the Guyal Manaburru, Burdal Mingkanyi, Burdal Riley, Murrungun Wunubari, Murrungun Baluganda/Langgabany, Mambali Walangara, Mambali Ngubayin and Mambali Nangguya Estate Groups v Northern Territory of Australia [2021] FCA 718

The Determination Area is comprised of the southern region of the Limmen National Park and former Pastoral Lease No. 756. For a detailed description of the area and map see Schedules A and B of the determination, attached below. The area is within the jurisdiction of the Roper Gulf Region. 

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

Between:

Peter Lanson and others named in Schedule G on behalf of the Guyal Manaburru, Burdal Mingkanyi, Burdal Ruley, Murrungun Wunubari, Murrungun Baluganda/Langgabany, Mambali Walangara, Mambali Ngubayin and Mambali Nangguya Estate Groups (Applicant) and Northern Territory of Australia and another named in Schedule G (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

The Guyal Manaburru, Burdual Minkanyi, Burdal Roley, Murrungun, Murrungun Baluganda/Langgabany, Mambali Walangara, Mambali Ngubayin and Mambali Nangguya 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 and include the rights to:

• access, travel over, remain on, and use the areas; 
• erect shelters and other structures;
• access and to take for any purpose the resources of the areas including the purposes of collecting food, medicine, tobacco, timber stone, and resin;
• maintain and protect places, areas, and things of traditional significance. 
• hunt and fish on the land and waters of the areas; 
• take and use the natural water on those areas; 
• light fires for domestic purposes; 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 Schedule C and include those held by:

• Aboriginal persons (whether or not native-title holders) under the Northern Territory Aboriginal Sacred Sites Act 1989 (NT); 
• the Parks and Wildlife Commission of the Northern Territory: to control, manage, maintain and operate the area including any buildings, works, or structures in the area or adjacent areas under the Territory Parks and Wildlife Conservation Act 1978 (NT) and the Parks and Wildlife Commission Act 1980 (NT);
• members of the public to access and use these areas as part of a national park subject to any statutory limitations under the Northern Territory Aboriginal Sacred Sites Act 1989 (NT);
• persons who care, control and manage the roads depicted in Schedule E;
• members of the public to access and use the Roads identified in subclause (c), with the exception of statutory limitations;
• 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;
• holders of titles granted under the Mineral Titles Act 2010 (NT) and the Petroleum Act 1984 (NT), to access, extract and explore permitted areas as depicted in Schedule F. 

For further information about non-native title rights and interests see the determination via the link above [15].

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 (Default PBC/CLA) Aboriginal Corporation Registered Native Title Body Corporate (RNTBC) is the prescribed body corporate for the Guyal Mannaburu, Burdal Mingkanyi, Burdal Ruley, Murrungun Wunubari, Murrungun Baluganda/Langgabany, Mambali Walangara, Mambali Ngubayin and Mambali Nangguya Estate Groups. It performs the functions required under s 57(2) of the Native Title Act 1993 (Cth).The native is not to be held in trust. 

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

Background

On 1 August 2017, the Applicant filed a claim for a native title determination by consent over the land and waters within the boundary of the Nathan River Pastoral Lease as well as Crown land comprising part of Limmen National Park.

On 10 February 2018, the Applicant provided a second anthropological report to the Northern Territory,  which included witness statements from claimants [15]. 

In March 2020 the Applicant and Respondent engaged in further discussion and evaluation of the claim [16]. 

The parties reached agreement to recognise the claimants as native title holders. 

Details of Judgment

Justice White considered whether the Applicant had satisfied the criteria outlined in s 87 of the Native Title Act 1993 (Cth). Being satisfied it was within the Court's power to do so, his Honour determined that native title exists in the claimed part of the Limmen National Park, and the former pastoral lease area excluding the area subject to public works, as described in Schedules C and D. 

White J accordingly granted orders which provided the lawful and public recognition of the native title rights and interests of the native title claimant group [30].

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