|Willy v Northern Territory of Australia  FCA 153
Tony Willy on behalf of the Gulunurru (Anderson) Group and the Purrukwarra Group (APPLICANT)
Northern Territory of Australia (FIRST RESPONDENT)
Telstra Corporation Ltd (SECOND RESPONDENT)
Judge: Rangiah J
Where made: Tingkkarli/ Lake Mary Ann
Native title exists in part of the determination area. It consists of exclusive and non-exclusive native title rights.
Native title is held by members of the Gulunurru (Anderson) group and the Purrukwarra group.
The non-exclusive native title rights over part of the determination area consist of
- The right to travel over, to move about and to have access to those areas;
- The right to hunt, fish, gather, share, exchange and use the natural resources (including water, apart from water captured by the holders of Perpetual Pastoral Lease No. 985) of the Determination Area;
- The right to live, camp, erect temporary shelters and structure on those areas;
- The right to light fires for domestic purposes, but not in order to clear vegetation;
- The right to conduct cultural activities and practices, ceremonies, meetings and teachings;
- The right to maintain and protect sites and places of significance under traditional laws and customs;
Non-native title rights and interests that exist within the determination area include:
- The interests under Perpetual Pastoral Lease No. 985;
- The rights and interests of Telstra Corporation Ltd;
The rights of Aboriginal persons (whether or not native title holders) by virtue of the Northern Territory Aboriginal Sacred Sites Act 1980 (NT);
- The rights of access by an employee, servant, agent or instrumentality of the Northern Territory or Commonwealth, or other statutory authority as required in the performance of statutory duties;
- The interests of persons whom valid rights and interests have been either granted by the Crown pursuant to statute or otherwise in the exercise of executive power, or otherwise conferred by statute; and
- Any interests granted under the Mineral Titles Act (NT), for example, exploration licences.
Native title rights do not exist in:
- Minerals or petroleum.
In the case of conflict, the exercise of non-native title rights and interests will prevail over the non-exclusive native title.
Provisions Relevant to the Native Title Rights
Top End Aboriginal Corporation, as the prescribed body corporate, is to perform functions required under 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.|