Japalyi v Northern Territory of Australia  FCA 421
|Binomial Name: ||Federal Court of Australia|
|Date: ||7 May 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. DCD2014/008
Federal Court file no(s) NTD6013/2000|
|Subject Matter:||Access | Native Title|
|Summary Information: |
|Japalyi v Northern Territory of Australia  FCA 421
Bernard Pontiari Japalyi and Ida Malyika Nampiyin on Behalf of the Jiyilijurrung and Yilyilimawu Gurindji People Who Are Members of Four Estate Groups Associated With The Karu (Children), Yiparrartu (Emu), Warrpawurru (Flying-Fox) and Nyirri (Cicada) Dreamings Respectively (APPLICANTS)
Northern Territory Of Australia (RESPONDENT)
Judge: White J
Where made: Kalkarindji
Native title exists in part of the determination area. It consists of exclusive and non-exclusive native title rights.
Native title his held by the Jiyilijurrung and Yilyilimawu Gurindji People.
The exclusive native title rights over part of the determination area consist of:
- the native title rights and interests confer possession, occupation, use and enjoyment of the land and waters on the native title holders to the exclusion of all others, provided however, that the rights and interests in the waters of the Victoria River are non-exclusive.
Non-native title rights and interests that exist in the determination area include:
- the interests of the parties under the Kalkarindji Indigenous Land Use Agreement (ILUA);
- the rights and interests of Telstra Corporation Limited 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);
- 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 by the Crown pursuant to statute or otherwise in the exercise of its executive power or conferred by statute.
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
Gurindji Aboriginal Corporation, as the prescribed body corporate, is to perform the 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.|
|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 Jiyilijurrung and Yilyilimawu Gurindji People in relation to part of the land and waters covered by the Kalkarindji 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.|