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Ampetyane v Northern Territory of Australia [2009] FCA 834 (7 August 2009)

Category: Agreement
Binomial Name: Federal Court of Australia
Date: 7 August 2009
Sub Category:Consent Determination (Native Title Act)
Location:Pine Hill Station, Northern Territory, Australia
Pine Hill Station is located in the Northern Territory, about 15 kilmometres south-east of Ti Tree and about 150 kilometres north of Alice Springs.
Legal Status: Registered on the National Native Title Register
Legal Reference: Federal Court Number: NTD6004/99, National Native Title Tribunal No: DC99/4
Alternative Names:
  • Pine Hill Station
  • Subject Matter:Native Title
    URL: http://www.austlii.edu.au/au/cases/cth/federal_ct/2009/834.html
    Summary Information:
    Ampetyane v Northern Territory [2009] FCA 834

    Between: Lindsay Bird Ampetyane & Ors on Behalf of the Ilkewartn and Ywel Anmatyerr People (APPLICANTS) and
    Northern Territory of Australia and NT Gas Pty Ltd (RESPONDENTS)

    Judge: Justice Reeves
    Where: Desert Bore, Pine Hill

    Determination:
    The Ilkewartn people and the Ywel Anmatyerr people hold native title in parts of the determination area

    Native title exists at the part of the determination area that covers NT Portion 725 situated east of the Stuart Highway, NT portions 6108, 6109 and 6110 and 6646.

    Native title has been extinguished at the part of the determination area deliniated on the survey plan s2007/020A to G.

    The native title rights and interest that exist are:
    - the right to access and travel over any part of the land or waters
    - the right to live on the land, camp and erect shelters and other structures
    - the right to hunt, gather and fish
    - the right to use the natural resources
    - the right to access and use water
    - the right to light fires for domestic purposes
    - the right to protect sites that are important under traditional laws and customs
    - the right to conduct cultural practices relating to birth and death (incluing burial rites)
    - the power to regulate the presence of others at these activities
    - the right to make decisions about the use and enjoyment of the land and water
    - the right to share or exchange natural resources found on the land
    - the right to be accompanied on the land by non-native title owners who nonetheless have a connection to the land or customs

    Non-native title rights that also exist are:
    - a perpetual pastoral lease
    - the Northern Territory's interest as the grantee of an energy supply easement
    - the interest of NT Gas Pty Ltd (an easement and a pipeline licence)
    - several exploration licences
    - several easement holders
    - the rights of Aboriginal people (native title holders or not) pursuant to the Pastoral Land Act 1992 (NT) and the Northern Territory Aboriginal Sacred Sites Act 1989 (NT)
    - the right of access of government employees performing statutory duties
    - certain rights of people that have been granted by statute or the Crown

    There are no native title rights and interests in minerals, petroleum and some other prescribed substances in the determiantion area.
    Detailed Information:
    The parties to this application reached an agreement about the existence of native title and the extent of the native title rights and interests in this area, as set out above.

    This determination area covers 117,600 hectares of land along the Stuart Highway in the Northern Territory, approximately 150 kilometres north of Alice Springs. The determination area is divided into four parts, and both parties concede that in one part (road reserve deliniated on survey plan S2007/0220A to G) native title has been extinguished. The parties agree, however, that native title should be recognised in the other three areas.

    An ILUA was registered in November 2007 to provide for a 25 square kilometre Community Living Area for Aboriginal people, as well as other areas for horticultural activity, an art centre and a road reserve. In return, native title was extinguished on two other blocks. (For more information, see Pine Hill Community Living Area ILUA-linked as a related entity)

    Reeves J found that the Northern Territory had taken a real and significant interest in the proceedings, that the parties had the benefit of independent and competent legal representation in developing the agreement, that the terms of the agreement were clear and that the agreement had been produced as a result of negotiation. The Court, therefore, was able to make the consent determination.

    The full text of the determination, along with the annexures and schedules is available at http://www.austlii.edu.au/au/cases/cth/federal_ct/2009/834.html

    Related Entries

    Agreement
  • Pine Hill Community Living Area Indigenous Land Use Agreement (ILUA)
  • Organisation
  • National Native Title Tribunal
  • Federal Court of Australia
  • Central Land Council
  • Ilkewartn Ywel Aboriginal Corporation - Respondent
  • NT Gas Pty Ltd - Respondent
  • Northern Territory of Australia - Respondent
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • People
  • Ampetyane & Ors on behalf of the Ilkewartn and Ywel Anmatyerr People - Native Title Claimant
  • Ywel Anmatyerr People - Respondent
  • Ilkewartn People - Respondent

  • References

    General Reference
    Federal Court of Australia (2009) Ampetyane v Northern Territory of Australia [2009] FCA 834
    National Native Title Tribunal (2009) NT - Native Title Determination Summary - Pine Hill Station
    National Native Title Tribunal (7/8/2009) Native Title Rights Recognised at Pine Hill Station
    National Native Title Tribunal (7/8/2009) Background: Pine Hill Station Native Title Determination
    National Native Title Tribunal Pine Hill Station Determination Area
    ABC Rural Native Title Decision for Pine Hill Station

    Glossary

    Consent Determination (Native Title Act 1993 (Cth)) (Australia)

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