Simpson v Northern Territory  FCA 158
|Binomial Name: ||Federal Court of Australia|
|Date: ||6 March 2014|
|Sub Category:||Consent Determination (Native Title Act)|
|State/Country:||Northern Territory, Australia|
|Legal Status: ||Registered on the National Native Title Register of native title determinations.|
|Legal Reference: ||Tribunal file no. DCD2014/005
Federal Court file no(s) NTD51/2011|
|Subject Matter:||Fishing | Land Use | Native Title | Water|
|Summary Information: |
|Simpson v Northern Territory  FCA 158
Peppi Simpson (on behalf of the Kunakji and Lukkurnu Group, the Kurtinia Group and the Jampijinpa/Jangala-Kunapa Group) (APPLICANTS)
Northern Territory of Australia (RESPONDENTS)
Judge: Rangiah J
Where made: Tingkkarli/Lake Mary Ann
Native title exists in part of the determination area. It consists of non-exclusive native title rights.
Native title is held by the Kunakji and Lukkurnu Group, the Kurtinia Group and the Jampijinpa/Jangala-Kunapa 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 and use the natural resources of those areas;
- the right to take and use the natural water on those areas, excluding water captured by a pastoral lease;
- the right to live, camp and erect shelters and other structures on those areas;
- the right to light fires 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 traditional laws and customs.
Non-native title rights and interests that exist within the determination area
- the rights and interests under pastoral leases;
- 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) 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 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 or instrumentality of the Northern Territory or Commonwealth, or other statutory authority as required in the performance of statutory duties; and
- the rights and 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.
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 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 to be held on trust for the native title holders. |
|Detailed Information: |
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 Kunakji and Lukkurnu Group, the Kurtinia Group and the Jampijinpa/Jangala-Kunapa Group 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.|