Harry Morrison and others named in Schedule F on behalf of the Kunapa, Kangawarla, Kanturrpa, Marntikara, Ngarrka and Pirrtangu Groups (First Applicant)
Archie Allen and others named in Schedule F on behalf of the Kunapa, Kurtinja and Mangirriji peoples (Second Applicant)
and Northern Territory of Australia and others named in Schedule F (Respondents).
Judge: White J.
Native title exists in part of the determination area
It consists of exclusive and non-exclusive native title rights and interests in NT Portion 7048, 5677, 5679 and 5156. Native title rights and interests have been wholly extinguished in NT Portion 624 and those parts of the determination area covered by public works.
Native title holders
The Kanturrpa, Marntikara, Kunapa, Kangawarla, Ngarrka, and Pirrtangu estate groups; and 'other Aboriginal people' who are:
(a) members of neighbouring estate groups; and
(b) spouses of the estate group members
subject to the native title rights and interests of the estate group members.
Exclusive native title rights and interests exist over part of the determination area
This is the right to possession, occupation, use, and enjoyment of the area described in Schedule C1, to the exclusion of all others. Including the right to access and to take for any purpose the resources of those areas.
Non-exclusive native title rights and interests over part of the determination area
These rights exist over the area described in Schedule C2 and include the right to:
- access, remain on and use the areas;
- access and take for any purpose the resources of the areas; and
- protect places, areas and things of traditional significance.
These rights do not include:
- possession, occupation, use and enjoyment to the exclusion of all others;
- control of the access to and use of land and waters of the areas or their resources; and
- any right to access or take resources that are the private or personal property of another.
'Other Aboriginal people', as defined above, are restricted to possessing the following rights and interests over the area described in Schedules C1 and C2:
- access remain on and use the areas; and
- access the resources of the areas.
There are no native title rights and interests in:
- prescribed substances (as defined in s 3 of the Atomic Energy (Control of Materials) Act 1946 (Cth) and/or s 5(1) of the Atomic Energy Act 1953 (Cth).
See Schedule D for areas where native title does not exist.
Other rights and interests in the determination area include:
- in relation to NT Portion 7048, the rights and interests of the holder of Pastoral Lease No. 1203;
- in relation to part of NT Portion 5156, valid rights of use for the passage of travelling stock;
- the rights of the proprietors of NT Portion 1422 pursuant to the access easement across NT Portion 7048;
- the rights of Aboriginal persons (whether or not native title holders) pursuant to the reservation in favour of Aboriginal peoples in Pastoral Lease No. 1203;
- the rights of Aboriginal persons (whether or not native title holders) 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 other statutory authority;
- the rights to water lawfully captured by the holders of other interests;
- the rights and interests of persons to whom valid and validated rights and interests have been: granted by the Crown, or otherwise conferred by statute;
- the rights and interests of holders of exploration and mining leases depicted in Schedule E.
In the case of conflict, the exercise of non-native title rights and interests will prevail over the exercise of the native title rights and interests
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 the agent for the Kunapa, Kangawarla, Kanturrpa, Marntikara, Ngarrka and Pirrtangu Groups.
Full text of the determination is available via the URL link above.