Morrison v Northern Territory of Australia [2014] FCA 155 |
| Binomial Name: | Federal Court of Australia | |
| Date: | 16 March 2014 | |
| Sub Category: | Consent Determination (Native Title Act) |
| Place: | Brunchilly, Tablelands |
| State/Country: | Northern Territory, Australia |
| Within the Barkly Shire local government. |
| |
| Legal Status: | Registered on the National Native Title Register of native title determinations. | |
| Legal Reference: | Tribunal file no. DCD2014/004
Federal Court file no(s) NTD36/2011 | |
| Subject Matter: | Access | Land Use | Native Title |
| URL: | http://www.austlii.edu.au/au/cases/cth/FCA/2014/155.html | |
| Summary Information: | |
| Morrison v Northern Territory of Australia [2014] FCA 155
Between:
Harry Morrison on behalf of the Kurtinia Group, the Kunakiji/Lukkurnu Group, the Kunapa Group, the Jalajirrpa Group and the Pirrtangu Group (APPLICANTS)
and
Norther Territory of Australia (FIRST RESPONDENTS)
S. Kidman & Co Ltd (SECOND RESPONDENTS)
Judge: Rangiah J
Where made: Tingkkarli/Lake Mary Ann
Determination:
Native title exists in part of the determination area. It consists of non-exclusive native title rights.
Native title is held by the Kurtinja estate group; the Kunakiji/Lukkurnu estate group; the Kunapa estate group; and the Jalajirrpa estate group.
The non-exclusive native title rights over part of the determination area consist of:
- the right to travel over and to have access to those areas;
- the right to hunt, fish, gather and use the natural resources of those areas;
- the right to take and use the natural water on those areas, excluding the right to take or use water captured by the holders of a pastoral lease;
- the right to live, camp and erect shelters and structures on those areas;
- the right to light fires on those areas for domestic purposes, but not for the clearance of vegetation;
- the right to conduct and participate in cultural activities and practices on those areas; and
- the right to maintain and protect sites and places on those areas that are of significance under their traditional laws and customs.
Non native title rights and interests that exist in the determination area include:
- the rights and interests relating to pastoral leases and easements;
- the rights and interests of Telstra Corporation Ltd as the operator of telecommunications facilities within the Determination Area;
- the rights of Aboriginal persons (whether or not native title holders) by virtue of the Northern Territory Aboriginal Sacred Sites Act 1989 (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 to whom valid and validated rights and interests have been granted by the Crown pursuant to statute or otherwise in the exercise of executive power;
- the rights and interests granted under the Mineral Titles Act (NT) and the Petroleum Act (NT); and
- the rights and interests conferred by an exploration permit.
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
Northern Territory 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.
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| Detailed Information: | |
| Background
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 Kurtinja estate group; the Kunakiji/Lukkurnu estate group; the Kunapa estate group; and the Jalajirrpa estate group in relation to part of the land and waters coverd by the Brunchilly Pastoral Lease 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. | |
Brunchilly Pastoral Lease - (