|
|
|
|
Ngal/Jangala on behalf of the Rrwerk/Mamp/Arrwek, Yinjirrpikurlangu, Janyinpartinya, Yanarilyi/Anerely and Ngarliyikirlangu landholding groups v Northern Territory of Australia [2016] FCA 684 | | Binomial Name: | Federal Court of Australia | | | Date: | 15 June 2016 | | | Sub Category: | Consent Determination (Native Title Act) | | Place: | Central Desert Region | | State/Country: | Northern Territory, Australia | | Specifically, NT Portion 312 comprising an area of 2,702 square kilometres held under Perpetual Pastoral Lease No. 1110. See the attached map for details. | | Legal Status: | Registered on the National Native Title Register of native title determinations. | | | Legal Reference: | Federal Court No: NTD27/2013; National Native Title Tribunal No: NTD27/2013. | | | Alternative Names: | Mt Denison Pastoral Lease
| | Subject Matter: | Access | Native Title | | URL: | http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FCA/2016/684.html?context=1;query=ngal%20jangala;mask_path= | | | Summary Information: | | | Between:
Ngal/Jangala on behalf of the Rrwerk/Mamp/Arrwek, Yinjirrpikurlangu, Janyinpartinya, Yanarilyi/Anerely and Ngarliyikirlangu landholding groups (APPLICANTS) and
Northern Territory of Australia (RESPONDENTS)
Judge: Rangiah J
Where made: Nothern Territory
Determination:
Native title exists in parts of the determination area. It consists of non-exclusive native title rights.
Native title is held by Aboriginal persons who are members or one or more of the landholding groups being:
the Rrwerk/Mamp/Arrwek, Yinjirrpikurlangu, Janyinpartinya, Yanarilyi/Anerely and Ngarliyikirlangu landholding groups. The persons who hold the common or group rights comprising the native title are the Aboriginal persons who:
- are members of one or more of the landholding groups by virtue of descent (including adoption) through father's father, mother's father, father's mother and mother's mother;
- are accepted as members of one or more of the landholding groups referred to in paragraph 4 by senior members of a landholding group, referred to in subparagraph (a), by virtue of the following non-descent connections to an estate:
- conception in and/or birthplace affiliation with an estate;
- long-term residence in an estate;
- possession of secular and traditional spiritual knowledge, authority and responsibility for an estate or surrounding country, in particular, knowledge of sites and their mythology; and
- authority and responsibility for shared Dreaming tracks and/or places of significance connected with an estate.
The non-exclusive native title rights over part of the determination area consist of:
The native title rights and interests of the native title holders are the rights possessed under and exercisable in accordance with their traditional laws and customs, including the right to conduct activities necessary to give effect to them, being:
- the right to access and travel over any part of the land and waters;
- the right to live on the land, and for that purpose, to camp, erect shelters and other structures;
- the right to hunt, gather and fish on the land and waters;
- the right to take and use the natural resources of the land and waters;
- the right to access, take and use natural water on or in the land, except water captured by the holders of Perpetual Pastoral Lease No. 1110;
- the right to light fires for domestic purposes, but not for the clearance of vegetation;
- the right to share or exchange natural resources obtained on or from the land and waters, including traditional items made from the natural resources;
- the right to access and to maintain and protect sites and places on or in the land and waters that are important under traditional laws and customs;
- the right to conduct and participate in the following activities on the land and waters:
- cultural activities;
- ceremonies;
- meetings;
- cultural practices relating to birth and death including burial rites;
- teaching the physical and spiritual attributes of sites and places on the land and waters that are important under traditional laws and customs subject to the rights of any person arising under the laws in force in the Northern Territory to be present on the land, the right to privacy in the exercise and enjoyment of those activities;
- 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 be accompanied on the land and waters by persons who, though not native title holders, are:
- people required by traditional law and custom for the performance of ceremonies or cultural activities on the land and waters;
- people who have rights in relation to the land and waters according to the traditional laws and customs acknowledged by the native title holders; and
- people required by the native title holders to assist in, observe, or record traditional activities on the areas.
The native title rights do not confer possession, occupation, use and enjoyment of the land and waters on the native title holders to the exclusion of all others. The native title rights and interests are subject to and exercisable in accordance with the valid laws of the Northern Territory of Australia, the Commonwealth of Australia and the traditional laws and customs of the native title holders for personal or communal needs which are of a domestic subsistence nature and not for any commercial or business purpose.
Non-native title rights and interests that exist in the determination area include:
- the interests of Mount Denison Proprietors Pty Ltd under Perpetual Pastoral Lease No. 1110;
- the interests of ABM Resources NL and Wahua Mining Corporation Pty Ltd as holders of mining and petroleum tenements granted pursuant to the Mineral Titles Act 2010 (NT) (or its predecessor) and the Petroleum Act 1984 (NT).
- the rights and interests of Telstra Corporation Limited as the owner or operator of telecommunications facilities within the determination area under the Post and Telegraph Act 1901 (Cth)(now repealed), Telecommunications Act 1975 (Cth)(now repealed), Australian Telecommunications Corporation Act 1989 (Cth)(now repealed), Telecommunications Act 1991 (Cth)(now repealed) and under Sch 3 to the Telecommunications Act 1997 (Cth). This includes the right to inspect, install and operate telecommunication facilities and maintain the facilties;
- NT Portion 312 - the rights of Aboriginal persons (whether or not native title holders) pursuant to the reservation in favour of Aboriginal people contained in pastoral leases set out in ss 38(2) to (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, agent or instrumentality of the Northern Territory, Commonwealth or other statutory authority as required in the performance of his or her statutory duties;
- there are no rights or interests in minerals (as defined in s 2 of the Minerals (Acquisition) Act 1953 (NT));
- there are no native title rights and interests in petroleum (as defined in s 5 of the Petroleum Act 1984 (NT));
- there are no rights or interests in prescribed substances (as defined in s 5 of the Atomic Energy Act 1953 (Cth) and s 3 of the Atomic Energy (Control of Materials) Act 1946 (Cth)(now repealed)).
In the case of conflict, the exercise of non-native title rights and interests will prevail over the non-exclusive native title.
The Mt Denison Aboriginal Corporation RNTBC 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. | | Detailed Information: | | | Background:
The application was filed in 2013 on behalf of the members of the Urwerk/Mamp/Arrwek, Yinjirrpikurlangu, Janyinpartinya, Yanarilyi/Anerely and Ngarliyikirlangu landholding groups. The Determination Area is an area of some 2,702 square kilometres and is located in the central region of the Northern Territory. There was a delay in proceedings due to an applicant and respondent being removed from proceedings.
Justice Rangiah noted the landholding groups cultural heritage and dreaming extended well beyond the determination area (Ngal/Jangala on behalf of the Rrwerk/Mamp/Arrwek, Yinjirrpikurlangu, Janyinpartinya, Yanarilyi/Anerely and Ngarliyikirlangu landholding groups v Northern Territory of Australia [2016] FCA 684 at para 11). It was stated the native title holders are 'descendants of people who occupied the determination area since "time immemorial" and communally acknowledge beliefs about the physical and cultural landscape' (Ngal/Jangala on behalf of the Rrwerk/Mamp/Arrwek, Yinjirrpikurlangu, Janyinpartinya, Yanarilyi/Anerely and Ngarliyikirlangu landholding groups v Northern Territory of Australia [2016] FCA 684 at para 11).
Details 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 Rrwerk/Mamp/Arrwek, Yinjirrpikurlangu, Janyinpartinya, Yanarilyi/Anerely and Ngarliyikirlangu landholding groups in relation to the part of the land and waters covered by the Mt Denison 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. | |
Related Entries | | Organisation | | Northern Territory of Australia - Respondent | | National Native Title Tribunal | | Mount Denison Proprietors Pty Ltd | | ABM Resources NL | | Mining Corporation Pty Ltd | | Telstra Corporation Limited | | Mt Denison Aboriginal Corporation RNTBC | | Legislation | | Native Title Act 1993 (Cth) | | Native Title Amendment Act 1998 (Cth) | | Atomic Energy Act 1953 (Cth) | | Atomic Energy (Control of Materials) Act 1946 (Cth) | | Mineral Titles Act 2010 (NT) | | Australian Telecommunications Corporation Act 1989 (Cth) | | Minerals (Acquisition) Act (NT) | | Northern Territory Aboriginal Sacred Sites Act 1989 (NT) | | Pastoral Land Act 1992 (NT) | | Petroleum Act 1981 (NT) | | Post and Telegraph Act 1901 (Cth) | | Telecommunications Act 1975 (Cth) | | Telecommunications Act 1991 (Cth) | | Telecommunications Act 1997 (Cth) | | People | | Jack Cook Ngal/Jangala, Teddy Long Jupurrurla and Maggie Ross Napaljarri on behalf of the members of the Rrwerk/Mamp/Arrwek, Yinjirrpikurlangu, Janyinpartinya, Yanarilyi/Anerely and Ngarliyikirlangu Landholding Groups - Native Title Applicant |
Documents | |  Ngal/Jangala on behalf of the Rrwerk/Mamp/Arrwek, Yinjirrpikurlangu, Janyinpartinya, Yanarilyi/Anerely and Ngarliyikirlangu landholding groups v Northern Territory of Australia [2016] FCA 684 - map of determination area - ( PDF) | |  Ngal/Jangala on behalf of the Rrwerk/Mamp/Arrwek, Yinjirrpikurlangu, Janyinpartinya, Yanarilyi/Anerely and Ngarliyikirlangu landholding groups v Northern Territory of Australia [2016] FCA 684 - National Native Title Tribunal Extract - ( PDF) | |
Glossary | | Native Title (Australia) | Native Title Applicants |
|
|
|
|
