Roberts on behalf of the Najig and the Guyanggan Nganawirdbird Groups v Northern Territory of Australia [2012] FCA 255 (Mataranka) |
| Binomial Name: | Federal Court of Australia | |
| Date: | 20 March 2012 | |
| Sub Category: | Consent Determination (Native Title Act) |
| Place: | Mataranka |
| State/Country: | Northern Territory, Australia |
| The consent determination covers that region of Mataranka in the Northern Territory and particular a former Crown Lease Term 1045. |
| |
| Legal Reference: | National Native Title Tribunal: DC01/1
Federal Court of Australia: NTD6001/2001 | |
| Alternative Names: | Mataranka
|
| Subject Matter: | Native Title | Native Title - Extinguishment |
| URL: | http://www.austlii.edu.au/au/cases/cth/FCA/2012/255.html | |
| Summary Information: | |
| Roberts on behalf of the Najig and the Guyanggan Nganawirdbird Groups v Northern Territory of Australia (No 3) [2012] FCA 255 is a consent determination
between:
Jessie Roberts (for and on behalf of the Najig and the Guyanggan Nganawirdbird Groups) (APPLICANT)
AND
Northern Territory of Australia (FIRST RESPONDENT)
Cave Creek Station Pty Ltd (SECOND RESPONDENT)
Judge: Finn J
Where made: Darwin
Determination:
Native title does not exist in any part of the Determination Area. |
| Detailed Information: | |
| The parties reached an agreement for the making of consent orders for a determination that native title does not exist over the Determination Area. As the parties reached this agreement themselves, the court found it unncessary to make their own inquiry as to the merits of the claims made.
The court held that it was appropriate to make the orders sought because:
- the Parties were legally represented
- the Northern Territory determined the extent of 'other interests' within the Determination Area and made these available to the Parties
- there are no other proceedings before the court concerning the area the subject of the Application
- the Northern Territory, in acting on behalf of the community generally, had regard to the requirements of the Act and conducted a thorough assessment process, and was satisfied that the determination is just in all the circumstances | |
Roberts on behalf of the Najig and the Guyanggan Nganawirdbird Groups v Northern Territory of Australia: Determination Area Map - ( 