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Inkamala v Northern Territory of Australia [2012] FCA 1044 | | Binomial Name: | Federal Court of Australia | | | Date: | 25 September 2012 | | | Sub Category: | Consent Determination (Native Title Act) | | Place: | North-west of Hermannsburg and north of Ipolera | | State/Country: | Northern Territory, Australia | | North-west of Hermannsburg and north of Ipolera | | Legal Status: | Registered on the National Native Title Tribunal Register | | | Legal Reference: | Tribunal file no.:
DC10/24
Federal Court no.:
NTD34/2010
| | | Alternative Names: | Glen Helen Pastoral Lease
| | Subject Matter: | Access | Native Title | Recognition of Native Title or Traditional Ownership | | URL: | http://www.austlii.edu.au/au/cases/cth/FCA/2012/1044.html | | | Summary Information: | | | Between:
Carl Inkamala, Trudy Inkamala, Lofty Katakarinja, Peter Moketarinja and Baydon Williams (on behalf of the Imperlkgne group, the Urlatherrke group, the Pmerketerenye group, the Yaperlpe group, the Lthalaltweme group and the Merina Group (APPLICANTS)
and
Northern Territory of Australia, Hele Pty Ltd and NT Gas Pty Ltd (RESPONDENTS)
Judge: Lander J
Where made: Hermannsburg
Determination:
Native title is held by the Imperlkgne, Urlatherrke, Pmerketerenye, Yaperlpe, Lthalaltweme and Merina landholding groups.
Native title exists over parts of the determination area. It consists of non-exclusive native title rights.
The non-exclusive native title rights and interests that exist in the determination area include:
- the right to access;
- the right to live on the land, and camp, erect shelters and other structures;
- the right to hunt, gather and fish on the land and waters;
- the right to take and use the natural resources of the land and waters;
- the right to access, take and use natural water on or in the land, except water captured by the holders of Perpetual Pastoral Lease 1128;
- the right to light fires for domestic purposes, but not for the clearance of vegetation;
- the right to access and to maintain and protect sites and places on or in the land and waters that are important under traditional laws and customs;
- the right to conduct and participate in cultural activities, ceremonies, meetings, cultural practices relating to birth and death including burial rites, the teaching of the physical and spiritual attributes of sites and places on the land and waters that are important under traditional laws and customs and the right to privacy in the exercise and enjoyment of those activities, on the land and waters of the native title area;
- the right to speak for and make decisions about the use and enjoyment of the land and waters by Aboriginal people who recognise themselves to be governed by the traditional laws and customs acknowledged by the native title holders;
- the right to share or exchange natural resources obtained on or from the land and waters, including traditional items made from the natural resources;
- the right to be accompanied on the land and waters by persons who, though not native title holders, are people required by traditional law and custom for the performance of ceremonies or cultural activities on the land and waters, or people who have rights in relation to the land and waters according to the traditional laws and customs acknowledged by the native title holders or people required by the native title holders to assist in, observe, or record traditional activities on the areas.
Non-native title rights and interests that exist within the determination area can be summarised as
- the interest of the pastoral lease holder under Perpetual Pastoral Lease No 1128;
- the interest of the Northern Territory of Australia under energy supply easement, registered dealing no. 190837;
- the rights and interests of APT Pipelines (NT) Pty Ltd as the beneficiary of the rights and interests under energy supply easement, registered dealing no. 190837 granted to the Northern Territory of Australia for the purpose of the construction, operation and maintenance of the Amadeus Basin to Darwin gas pipeline and infrastructure and as the holder of Pipeline Licence No. 4 granted under the Energy Pipelines Act (NT);
- the interest of Universal Splendour Investments Pty Ltd in relation to EL 27542 and EL 27371;
- the interest of Crossland Nickel Pty Ltd in relation to EL 27283 and EL 28225;
- the interest of Legend International Investment Pty Ltd in relation to EL 25794;
- the interest of Imperial Granite & Minerals Pty Ltd in relation to EL 24438;
- the interest of Northern Mining Limited in relation to EL 24948;
- the rights of Aboriginal persons pursuant to the reservation in favour of Aboriginal people set out in s 38(2)-(6) of the Pastoral Land Act 1992 (NT) in relation to NT Portion 719;
- the rights of Aboriginal persons by virtue of the Northern Territory Aboriginal Sacred Sites Act 1989 (NT);
- rights of access by an employee, servant, agent or instrumentality of the Northern Territory, Commonwealth or other statutory authority as required in the performance of his or her statutory duties; and
- the interests of persons to whom valid or validated rights and interests have been granted legitimately by the Crown or conferred by legislation.
Other rights and interests listed above prevail over the native title rights and interests to the extent of the inconsistency but do not extinguish the native title rights.
Provisions Relevant to the Native Title Rights
Native title does not exist over
- minerals or petroleum as defined in the Minerals Acquisition Act 1953 (NT) and the Petroleum Act (NT).
The Pmarra Tjurritja Alturla Aboriginal Corporation is to be the prescribed body corporate for the purposes of the Native Title Act 1993 (Cth).
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