Rex on behalf of the Akwerlpe-Waake, Iliyarne, Lyentyawel Ileparranem and Arrawatyen People v Northern Territory of Australia  FCA 911 (7 September 2010)
|Date: ||7 September 2010|
|Sub Category:||Consent Determination (Native Title Act)|
|Place:||South of Tenant Creek|
|State/Country:||Northern Territory, Australia|
|The determination area is contained in Schedule B of the Federal Court consent determination. The determination area comprises approximately 2,949 square kilometres of land located 110 kilometres south of Tennant Creek and 310 kilometres north of Alice Springs. It is bisected by the Stuart Highway and the Alice Springs to Darwin railway corridor. The determination area comprises land currently held under pastoral lease by the Australian Land & Cattle Company Pty Ltd. |
|Legal Status: ||Registered on the National Native Title Register (of native title determinations).|
|Legal Reference: ||Federal Court No: NTD 6011 of 2000;
National Native Title Tribunal No: DC00/10.|
|Subject Matter:||Native Title|
|Summary Information: |
|Between: Ena Rex Mpetyane and Tommy Thompson Kngwarraye on behalf of the Akwerlpe-Waake, Iliyarne, Lyentyawel Ileparranem and Arrawatyen People (APPLICANTS) and
Northern Territory of Australia and NT Gas Pty Limited (RESPONDENTS)
Judge: Collier J
Where made: Singleton
Native title exists in parts of the determination area.
Native title exists in the determination area except for those areas described in Schedule C of the Federal Court consent determination. Native title rights and interests have been wholly extinguished in those areas described in Schedule C. The areas where native title has been extinguished include houses, sheds, buildings, an airstrip, bores, constructed dams, stockyards, trapyards, public roads, pipes, sewer pump stations and power lines.
Native title is held by members of the Akwerlpe-Waake, Ileyarne, Lyentyawel Ileparranem and Arrawatyen peoples.
Native title rights and interests that exist over land and water in the determination area include:
- the right to access and travel over any part of the land and waters;
- the right to live on the land, camp and erect shelters and other structures;
- the right to hunt, gather, take and use the natural resources of the land or water, including the right to access and use water;
- the right to access and protect areas of importance;
- the right to engage in cultural activities on the land;
- the right to conduct ceremonies on the land;
- the right to hold meetings on the land;
- the right to teach the physical and spiritual attributes of places and areas of importance on the land;
- the right to participate in cultural practices relating to birth and death including burial rites;
- the right to regulate the presence of others at the aforementioned activities;
- the right to make decisions about the use and enjoyment of the land and waters by Aboriginal people;
- the right to share and exchange natural resources.
Native title rights and interest do not exist in petroleum, minerals or substances capable of use in the production of atomic energy.
Non-native title rights that exist over the determination area include:
- a perpetual pastoral lease;
- the rights and interests of NT Gas Pty Ltd (including an easement and pipeline licence);
- several interests granted under the Mining Act 1982 (NT);
- the rights and interests of Telstra Corporation Limited (including rights to inspect the land, to install and operate telecommunication facilities and to maintain those facilities);
- the right of access of government employees performing statutory duties;
- certain rights of people that have been granted by statute or the Crown.
|Detailed Information: |
|The determination area covers 2,949 square kilometres of the Singleton pastoral lease area. Non-exclusive native title rights were found to exist in parts of this area.
The application for a native title determination was originally filed with the Federal Court on 23 June 2000. An amended application was filed with the same court on 20 July 2007.
An anthropological report, witness statements and affidavits provided evidence to support the existence of native title rights and interests in the determination area.
The court noted the active role of the Northern Territory Government in the negotiation of the consent order.
The Mpwerempwer Aboriginal Corporation has been nominated to manage the rights and interests of the claimant groups. The Mpwerempower Aboriginal Corporation does not hold native title rights on trust for the members of the claimant groups.
The full text of the determination, along with the annexures and schedules is available at http://www.austlii.edu.au/au/cases/cth/FCA/2010/911.html|