Between: Raymond Dixon, Johnny Devlin, Jeremy Jackson (Applicant) and the Northern Territory of Australia (Respondent)
Judge: White J
Native title exists in parts of the determination area
It consists of non-exclusive native title rights and interests.
Native title holders
Native title is held by members of the Narrwan and Badpa Estate Groups who are patrilineal descendants (including by adoption) of a Narwrwan or Badpa Estate Group member, or persons who have otherwise been incorporated as a member of the Estate Groups in accordance with their laws and customs. For a detailed description of the Estate Group members see the extract of the determination attached below under documents.
In accordance with the traditional law and custom of the Narrwan and Badpa Estate groups, members of neighbouring estates and their spouses have native title rights subject to those of the Narrwan and Badpa Estate Group members'. For a detailed description of the neighbouring Estate Group members see the extract of the determination attached below under documents.
Non-exclusive native title rights and interests over part of the determination area
These rights exist over the area described in Schedule C and include the right to:
- have access to, remain on and use the determination area;
- access and take resources on the determination area;
- protect places, areas and things of traditional significance.
Rights held by neighbouring Estate Group members and their spouses include:
- have access to, remain on and use the determination area; and
- access resources on the determination area.
Native title does not exist over minerals as defined in the Minerals (Acquisition) Act 1953 (NT), petroleum as defined in the Petroleum Act 1984 (NT), or prescribed substances as defined in the Atomic Energy (Control of Materials) Act 1946 (Cth).
Other rights and interests in the determination area include:
- rights and interests of the holder of Pastoral Lease No. 936;
- interests of AustralAsia Railway Corporation under Crown CUFT 754/366;
- rights and interests of Telstra Corporation Limited under statute including inspecting land, operating telecommunications facilities, maintaining and repairing those facilities and the right for its agents to access facilities in performing their duties;
- rights of Aboriginal persons (including non-native title holders) in Pastoral Lease No. 936 made by s 38 of the Pastoral Land Act 1992 (NT);
- rights of Aboriginal persons pursuant to the Northern Territory Aboriginal Sacred Sites Act 1989 (NT);
- rights of access by an employee, servant, agent or instrumentality of the Northern Territory or Commonwealth, or a statutory authority as required in the performance of statutory duties;
- rights to water lawfully captured by the holders of other interests;
- rights and interests of persons granted by Crown by statute or exercise of executive power; and
- rights and interests granted under the Petroleum Act 1984 (NT) as depicted in Schedule E.
See the extract of the determination for further information about the non-native title rights and interests.
In the case of conflict, the exercise of non-native title rights and interests will prevail over the non-exclusive native title.
The Top End Aboriginal Corporation Registered Native Title Body Corporate (RNTBC) is the prescribed body corporate. It performs the functions required under the Native Title Act 1993 (Cth) and acts as agent for the Narrwan and Badpa Estate Groups.
Full text of the determination is available via the URL link above.