Freddie v Northern Territory [2017] FCA 867

Phillip Creek area

Registered on the National Native Title Register.

Freddie v Northern Territory [2017] FCA 867.

Between: Colin Freddie, Geoffrey Taylor, Janice Waistcoat, Lenny Williams, Michael Williams, Ronald Hughes, Sharon Bill, and William Stokes on behalf of the members of the Kankawarla, Kanturrpa, Jajinyarra, Linga, Patta, Pirrtangu, Purrurtu, Wapurru and Yurtuminyi Landholding groups (APPLICANTS) v Northern Territory of Australia, Alexander John and Katherine Louise Warby, Gowan Russell Carter and Jennifer Erica Cook (RESPONDENTS)

JudgeMortimer J

Where made: Victoria

Determination

Native title exists in parts of the determination area. The native title consists of non-exclusive rights and interests..

Native title does not exist in those parts of the Determination Area that are covered by public works which were established before 23 December 1996. For more details see schedule C of the Determination.

Native title is held by: members of the Kankawarla, Kanturrpa, Jajjinyarra, Linga, Patta, Pirrtangu, Purrutu, Wapurru and Yurtuminyi landholding groups

Non-exclusive native title rights and interests in the Determination Area include:

• 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 946;
• the right to light fires for domestic purposes, but not for clearance of vegetation;
• the right to share or exchange natural resources obtained on or from the land and waters including traditional items made from them;
• 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 cultural activities, ceremonies, meetings, cultural practices relating to birth and death (including burial rites) and teaching the physical and spiritual attributes of sites and places on the land and waters that are  important under traditional laws and customs;
• the right to 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. This right does not include the ability to control the access to the Determination Area of those people;
• the right to be accompanied on the land and water by those who are required by traditional law and custom for ceremony performances and cultural activities, or to conduct activities assist in, observe or record traditional activities of the areas or those who have rights in relation to lands and waters according to traditional law and custom;

Non-native title rights and interests that exist in the Determination area include:

Background: The Application for this determination was filed in December 2014. The judge congratulated the parties on achieving an agreement within a three year period. (What's new in Native Title, p. 10)

Details of judgement: This consent determination came into effect on 20 April 2018 when the Warlmanpa Warumugu Aboriginal Corporation became the prescribed body corporate.

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