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Lynch on behalf of the members of the Alherramp/Rrweltyapet, Ilewerr, Mamp/Arrwek, Tywerl, Arrangkey, Anentyerr/Anenkerr and Ntyerlkem/Urapentye Estate Groups v Northern Territory of Australia [2013] FCA 636 | | Binomial Name: | Federal Court of Australia | | | Date: | 2 July 2013 | | | Sub Category: | Consent Determination (Native Title Act) | | Place: | Napperby Perpetual Pastoral Lease | | State/Country: | Northern Territory, Australia | | The area that is the subject of this native title determination application comprises approximately 5,600 square kilometres of land situated approximately 200 kilometres north west of Alice Springs in the Northern Territory.
Since late 2002, perpetual pastoral leases (PPL 1177 and 1178) issued under the Pastoral Land Act (NT) have existed over the entire claim area. | | | | Legal Status: | Registered on the National Native Title Register of native title determinations. | | | Legal Reference: | Tribunal file no.: DC2011/001
Federal Court file no.: NTD4/2011 | | | Alternative Names: | Napperby Perpetual Pastoral Lease
| | Subject Matter: | Native Title | Pastoral Activities | Recognition of Native Title or Traditional Ownership | | URL: | http://www.nntt.gov.au/searchRegApps/NativeTitleClaims/Pages/details.aspx?NTDA_Fileno=DC2011/001 | | | Summary Information: | | | Between:
Huckitta Lynch, Lesley Stafford, Adrian Dixon Ngwarray and Ors on behalf of the members of the Alherramp/Rrweltyapet, Ilewerr, Mamp/Arrwek, Tywerl, Arrangkey, Anentyerr/Anenkerr and Ntyerlkem/Urapentye estate groups(APPLICANTS) and
Northern Territory of Australia and Hiraji Pty Ltd (RESPONDENTS)
Judge: Reeves J
Where made: Laramba Community
Determination: Native title exists in parts of the determination area. It consists of non-exclusive native title rights. This does not confer on the estate group members possession, occupation, use and enjoyment of the Determination Area, to the exclusion of all others.
Native title is held by Alherramp Ilewerr Mamp Arrangkey Tywerl Aboriginal Corporation for the Anmatyerr and Arrernte people.
Membership of the estate group is determined by patrilineal descent, or a person's mother, father's mother or mother's mother being or having been a member of the group by reason of patrilineal descent or if a person has been adopted and incorporated into such a descent relationship.
Non-exclusive native title rights and interests that exist over the native title area in the Determination Area include:
- the right of access and to travel over the native title area;
- the right to hunt, gather and fish;
- the right to gather and use the natural resources of the land and waters;
- the right to take and use the natural water of the area;
- the right to live, and to camp on the land, and to erect shelters and other structures;
- the right to light fires for domestic purposes;
- the right to conduct and participate in cultural activities, cultural practices relating to birth and death including burial rites, ceremonies, meetings and teaching the physical and spiritual attributes of sites and places in 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 maintain and protect significant cultural sites and places;
- the right to share or exchange subsistence and other traditional resources obtained on or from the native title area;
- the right to be accompanied onto the Determination Area by people who, though not native title holders are people required by traditional law and customs for the performance of ceremonies or cultural activities or people who have rights under traditional law and custom in relation to any part of the native title area or people required to assist, observe or record traditional activities on the area.
Non-native title rights and interests that exist within the determination area can be summarised as:
- in relation to NT Portion 747, the interest of Hiraji Pty Ltd under Perpetual Pastoral Lease No 1178, as well as interests granted under the Mineral Titles Act 2010 NT;
- in relation to NT Portion 748, the interest of Hiraji Pty Ltd under Perpetual Pastoral Lease No 1177, as well as the interests granted under the Mineral Titles Act 2010 (NT);
- in relation to NT Portion 5165, valid rights of use for the passage of travelling stock;
- the rights of Aboriginal persons in relation to NT Portions 747 and 748, pursuant to the reservation in favour of Aboriginal peoples contained in the pastoral lease, identified in ss 38(2) – (6) of the Pastoral Land Act 1992 (NT);
- the interest of the Northern Territory of Australia under Energy Supply Easement registered dealing no. 200948;
- the rights and interests of APT Pipelines (NT) Pty Ltd as the holder of Pipeline Licence No. 4 granted under the Energy Pipelines Act (NT) and as the beneficiary of the rights and interests granted to the Northern Territory of Australia pursuant to Energy Supply Easement registered dealing no. 200948;
- rights of Aboriginal persons under the Northern Territory Aboriginal Sacred Sites Act 1989 (NT);
- rights of access by an employee, servant or agent of the Northern Territory or Commonwealth government as required in the performance of their legal duties;
- the interests of persons to whom rights and interests have been granted by the crown pursuant to statute or otherwise in exercise of executive power.
Provisions Relevant to the Native Title Rights
Native title does not exist over
- minerals, petroleum or prescribed substances as defined in the Atomic Energy (Control of Materials) Act 1946 (Cth) and/or the Atomic Energy Act 1953(Cth).
Alherramp Ilewerr Mamp Arrangkey Tywerl Aboriginal Corporation is to be the prescribed body corporate for the purposes of the Native Title Act 1993 (Cth) and to act as agent for the native title holders. The native title is not held on trust for the native title holders. | | Detailed Information: | | | Background
This application was filed on 29 March 2011 seeking recognition of native title rights and interests over the land and waters within the bounds of the Napperby Perpetual Pastoral Lease in the Northern Territory. Hiraji Pty Ltd is the holder of the pastoral lease.
The application is brought on behalf of the members of the Alherramp/Rrweltyapet, Ilewerr, Mamp/Arrwek, Tywerl, Arrangkey, Anentyerr/Anenkerr and Ntyerlkem/Urapentye estate groups.
At a ceremonial sitting of the Federal Court at Laramba Community Living Area, Justice Reeves awarded non-exclusive native title rights to the Anmatyerr and Arrernte people whose country includes the area where Napperby Station is located.
Central Land Council Director David Ross congratulated the native title holders and paid tribute to the many claimants who have passed away while this process has taken place (Central Land Council, 2013).
The original application was filed with the Court on 12 April 2005 in response to the grant of an exploration licence to a mining company over an area of cultural significance (ABC Rural, 2013). This application was withdrawn on 29 March 2011 and a new native title application covering the whole of the the pastoral lease was filed with the Court.
Napperby Station will continue to operate as a pastoral lease by the current owners.
Details of Judgement
Through mediation, agreement has been reached as to the terms of a determination of native title to provide recognition of the native title rights and interests held by the Alherramp/Rrweltyapet, Ilewerr, Mamp/Arrwek, Tywerl, Arrangkey, Anentyerr/Anenkerr and Ntyerlkem/Urapentye estate groups in relation to the land and waters covered by the Napperby Application. The signed agreement was then filed in the Federal Court pursuant to s 87 of the Native Title Act 1993 (Cth).
The court was satisfied that a determination of native title was within the power of the court.
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