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Samardin on behalf of the Ilperrelhelam, Malarrarr, Nwerrarr, Meyt, Itnwerrengayt and Ampwertety Landholding Groups v Northern Territory of Australia [2012] FCA 845

Category: Agreement
Binomial Name: Federal Court of Australia
Sub Category:Consent Determination (Native Title Act)
Location:Lake Nash, Northern Territory , Australia
An area of about 12,120 square kilometres in the Northern Territory over Lake Nash and Georgina Downs pastoral leases bordering Queensland.
Legal Status: Registered on the National Native Title Tribunal Register of Consent Determinations
Legal Reference: Tribunal file no.: DC01/61 Federal Court no.: NTD6061/2001
Alternative Names:
  • Lake Nash
  • Georgina Downs
  • Subject Matter:Access | Native Title | Pastoral Activities | Recognition of Native Title or Traditional Ownership
    URL: http://www.austlii.edu.au/au/cases/cth/FCA/2012/845.html
    Summary Information:
    Between:
    Mavis Samardin, Michael Teague, Kerry Campbell and Ors on behalf of the the members of the Ilperrelhelam, Malarrarr, Nwerrarr, Meyt, Itnwerrengayt and Ampwetety Landholding Groups(APPLICANTS) and

    Northern Territory of Australia and Hughes Holding Investments No 1 Pty Ltd as Trustee for the Hughes Discretionary Trust (RESPONDENTS)

    Judge: Besanko J

    Where made: Alpurrurulum Community

    Determination:

    Native title is held by the Ilperrelhelam, Malarrarr, Nwerrarr, Meyt, Itnwerrengayt and Ampwertety landholding estate groups:

    Native title exists over part of the determination area. It consists of non-exclusive native title rights.

    The non-exclusive native title rights and interests that exist over land in the determination area include:

    - the right to access band travel over the area;
    - the right to live on the land and erect shelters for that purpose;
    - the right to hunt, fish and gather on the land and waters;
    - the right to take and use the natural resources from the land and waters of the area;
    - the right to access, take and use the water from the area;
    - the right to light fires for domestic purposes but not for the clearacne of vegetation;
    - the right to access and to maintain and protect sites and places that are important under traditional laws and customs;
    - the right to conduct and participate cultural activities, ceremonies, meetings, cultural practices relating to birth and death, teaching the physical and spiritual attributes of sites and places on the land and waters that are important under traditional laws and customs and the right of privacy in the exercise and enjoyment of those activities on the land and waters;
    - the right to speak for and make decisions about the use and enjoyment of the land and waters by Aboriginal people who recognise themselves to be governed by the traditional laws and customs acknowledged by the native title holders;
    - the right to share and exchange natural resources obtained from the land and waters;
    - the right to be accompanied on the land and waters by persons who, though not native title holders, are people required by traditional law and custom for the performance of ceremonies or cultural activities or people who have rights in relation to the land and waters according to the traditional laws and customs or people required by the native title holders to assist in, observe, or record traditional activities on the determination area.


    Non-native title rights and interests that exist within the determination area can be summarised as

    - the interest of the pastoral lease holder under Perpetual Pastoral Lease No 953 over NT Portion 281;
    - the interest of the pastoral lease holder under Perpetual Pastoral Lease No 954 over NT Portion 3115;
    - the interest of the easement holder pursuant to access easement (LTO Instrument No 222818) granted to the registered proprietor of an estate in fee simple in NT Portion 1949 (Alpurrurulam Land Aboriginal Corporation);
    - the interest of the Northern Territory in Reserve 1798 and valid rights of use for quarantine purposes;
    - rights of use for the passage of travelling stock in relation to that part of NT Portion 3115 contained within the Ranken Stock Route.
    - the interest of Texalta Australia Pty and Petrofrontier (Australia) Pty Ltd granted under the Petroleum Act (NT), Indigenous Land Use Agreement DI2006/002;
    - the interest of Northern Territory Oil Ltd, Baraka Petroleum Ltd and Petrofrontier (Australia) Pty Ltd granted under the Petroleum Act (N.T.), Indigenous Land Use Agreement DI2007/002;
    - the rights of Aboriginal persons (whether or not native title holders) pursuant to the reservation in favour of Aboriginal people contained in pastoral leases set out in section 38(2) to (6) of the Pastoral Land Act 1992 (NT) over NT Portions 281 and 3115;
    - the rights of Aboriginal persons (whether or not native title holders) by virtue of the Northern Territory Aboriginal Sacred Sites Act 1989 (NT);
    - rights of access by an employee, servant, agent or instrumentality of the Northern Territory, Commonwealth or other statutory authority as required in the performance of his or her statutory duties;
    - the interests of persons to whom rights and interests have been granted by the Crown or conferred by statute.


    Provisions Relevant to the Native Title Rights

    Native title does not exist over
    - minerals or petroleum as defined in the Minerals Acquisition Act 1953 (NT) and the Petroleum Act (NT).


    The Ilperrelhelam Aboriginal Corporation is to be the prescribed body corporate for the purposes of the Native Title Act 1993 (Cth).


    Detailed Information:
    Background
    The native title application was filed with the court in 2001 on behalf of the Ilperrelhelam, Malarrarr, Nwerrarr, Meyt, Itnwerrengayt and Ampwertety landholding groups by the Central Land Council.

    On the 15th of August 2012 the Federal Court of Australia sat at Alpurrurulam Community approximately 650 kms north east of Alice Springs to recognise the rights and interests of native title holders of the Lake Nash and Georgina Downs pastoral leases.

    The native title rights and interests will co-exist with the rights of the pastoral leaseholders of Lake Nash and Georgina Downs to graze cattle (Central Land Council 2012).


    Details of Judgement
    The parties to the determination reached an agreement as to the terms of a determination of native title to be made in relation to the Determination Area. The signed agreement was then filed in the Federal Court pursuant to s 87 of the Native Title Act 1993 (Cth).

    The court was satisfied that a determination of native title was within the power of the court.

    Related Entries

    Agreement
  • Sandover Petroleum Indigenous Land Use Agreement (ILUA)
  • NT Oil Ltd: EP 127 and 128 Indigenous Land Use Agreement (ILUA)
  • Organisation
  • Central Land Council
  • National Native Title Tribunal
  • Texalta Petroleum Ltd
  • Northern Territory of Australia - Respondent
  • Hughes Holding Investments No 1 Pty Ltd as Trustee for the Hughes Discretionary Trust - Respondent
  • Alpurrurulam Land Aboriginal Corporation
  • Northern Territory Oil Limited
  • Ilperrelhelam Aboriginal Corporation - Aboriginal Representative Party
  • Legislation
  • Pastoral Land Act 1992 (NT)
  • Northern Territory Aboriginal Sacred Sites Act 1989 (NT)
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • People
  • Lake Nash Claimants - Native Title Claimant
  • Ilperrelhelam, Malarrarr, Nwerrarr, Meyt, Itnwerrengayt and Ampwertety landholding estate groups

  • References

    General Reference
    National Native Title Tribunal (15/08/2012) Native title determination summary - Lake Nash
    Media Release
    Central Land Council (17 August 2012 ) Native Title recognised at Lake Nash and Georgina Downs

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Aboriginal Corporation (Australia) | Applicant | Consent Determination (Native Title Act 1993 (Cth)) (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title (Australia) | Native Title Registers | Native Title Determination (Australia) | Native Title Applicants | Native Title Holders (Native Title Act 1993 (Cth)) (Australia) | Native Title Representative Body (NTRB) (Australia) | Prescribed Body Corporate (PBC) (Native Title Act) (Australia) | Respondent

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