O'Keefe on behalf of the Wurdaliya Garambarini, Mambali Nangguya, Rrumburriya Ngurrmu/Jawuma and Murrungun Wunubari Estate Groups v Northern Territory of Australia [2021] FCA 717

Gulf of Carpentaria Region

Registered with the National Native Title Tribunal on the Native Title Register.

Between: Robert O'Keefe Snr on behalf of the Wurdaliya Garambarini, Mambali Nangguya, Rrumburriya Ngurrmu/Jawuma and Murrungun Wunubari Estate Groups and others (Applicants) and Northern Territory of Australia, Armour Energy Limited (Respondents)

Judge: White J

Determination

Native title exists in parts of the determination area

Non-exclusive native title rights and interests exist in parts of the determination area.

Native title holders

Native title is held by the Wurdaliya Garambarini, Mambali Nangguya, Rrumburriya Ngurrmu/Jawuma and Murrungun Wunubari Estate Groups.

Non-exclusive native title rights and interests exist over part of the determination area 

These rights and interests exist over the area described in Schedule C include:

• access, remain on and use the areas;
• take for any purposes the resources of areas; 
• protect places, areas and things of traditional significance;
• live and camp on the areas, and to erect shelters and other structures in those areas;
• light fires for domestic purposes; and
• perform cultural practices relating to birth and death, including burial rites. 

Other rights and interests in the determination area include:

• interests of the Parks and Wildlife Commission of the Northern Territory pursuant to the Territory Parks and Wildlife Conservation Act 1978 (NT) and Parks and Wildlife Commission Act 1980 (NT);
• interests of members of the public arising from rights of access to and use of these areas;
• 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 in the performance of statutory duties; and
• rights and interests of holders of a license under the Mineral Titles Act 2010 (NT), Petroleum Act 1984 (NT) and Energy Pipelines Act 1981 (NT).

In the case of conflict, the exercise of non-native title rights and interests will prevail over the non-exclusive native title

Top End (Default PBC/CLA) Aboriginal Corporations is the Registered Native Title Body Corporate (RNTBC). It performs the functions required under the Native Title Act 1993 (Cth) and acts as an agent of the native title holders.

Full text of the determination is available via the URL link above.

Background

On May 9 2016 the Applicant filed an application for a determination of native title over the former Billengarrah pastoral lease area (approx 2,111 km2) which was declared part of the Limmen National Park in July 2012 and surrendered in June 2014 [3].

The Applicant provided the necessary evidence to support its claim, including various anthropological reports identifying the Aboriginal groups connected to the determination area  [14-16]. In light of the material, both parties agreed that the claimants held native title rights and interests in the determination area [17]. 

Details of Judgment

An agreement to the determination was signed by the parties and filed according to the requirements of s 87 of the Native Title Act 1993 (Cth) (NTA) [20]. Justice White found it appropriate, given all the requirements of s 87 of the NTA had been met, to recognise that the native title rights and interests of the Claimants exist and have always existed [27]-[28]. 

Native Title exists in parts of the determination area.

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