Between: Vincent Fulton, Roy Cresswell, Peter Ellis, Barney Ellaga and Nelson Limmen on behalf of the Mambali Amaling-Gan, Murungun Igalumba, Murungun Milgawirri, Budal Yuwaran and Guyal Bardi Bardi Dumnyung-Ngatanyana Estate Groups (Applicant) and Northern Territory of Australia and Lexcray Pty Ltd (Respondents)
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 the members of the Mambali Amaling-Gan, Murungun Igalumba, Murungun Milgawirri, Budal Yuwaran and Guyal Bardi Bardi Dumnyung-Ngatanyana Estate Groups.
Non-exclusive native title rights and interests over part of the determination area
These rights exist over the area described in Schedule B and include the right to:
- access, remain on and use the areas;
- access and to take for any purpose the resources of the areas; and
- to protect places, areas and things of traditional significance.
Other rights and interests in the determination area include:
The rights and interests of:
- the holder of Perpetual Lease No. 1052;
- Telstra Corporation (under the Post and Telegraph Act 1901 (Cth), the Telecommunications Act 1975 (Cth), the Australian Telecommunications Corporation Act 1989 (Cth), the Telecommunications Act 1991 (Cth) and the Telecommunication Act 1997 (Cth));
- Aboriginal persons (whether or not native title holders) under the reservation in favour of Aboriginal peoples in Perpetual Pastoral Lease No. 1052 made by s 38 of the Pastoral Land Act 1992 (NT);
- Aboriginal persons (whether or not native title holders) by virtue of the Northern Territory Aboriginal Sacred Sites Act 1989 (NT);
- holders of Exploration Licence Title No. 32009 and Exploration Permits 153 and 98, granted under the Mineral Titles Act 2010 (NT) and the Petroleum Act 1984 (NT);
- access by an employee, servant, agent or instrumentality of the Northern Territory, Commonwealth or other statutory authority; and
- those granted by the Crown or conferred by statute.
Provisions relevant to the native title rights
There are no native title rights and interests in:
- minerals as defined in the Minerals (Acquisition) Act 1953 (NT);
- petroleum as defined in the Petroleum Act 1984 (NT); and
- prescribed substances as defined in the Atomic Energy (Control of Materials) Act 1946 (Cth) and the Atomic Energy Act 1953 (Cth).
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 (Default PBC/CLA) 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 members of the Mambali Amaling-Gan, Murungun Igalumba, Murungun Milgawirri, Budal Yuwaran and Guyal Bardi Bardi Dumnyung-Ngatanyana Estate Groups.
Full text of the determination is available via the URL link above.