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Mary-Lou Buck on behalf of the Dunghutti People v State Of New South Wales & Ors  FCA 1624
|Binomial Name:||Federal Court of Australia|
|Date:||7 April 1997|
|Sub Category:||Consent Determination (Native Title Act)|
|Location:||Crescent Head, near Kempsey, NSW north coast, New South Wales, Australia|
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|The Determination Area comprises the land at Crescent Head, on the north coast of New South Wales, described in Schedules 2 and 3 to the Determination, as follows: 'All that piece or parcel of land at Crescent Head in the County of Macquarie Parish of Palmerston and Kempsey Local Government Area shown by black hatching on the plan annexed hereto and marked "A1" being the unsurveyed Crown land described in paragraph B5 of the Native Title Determination Application number NN94/11 lodged by the Minister for Land and Water Conservation with the National Native Title Tribunal on 1 July 1994 and being that part of the land shown by black hatching on the plan marked "A" annexed to said application which does not include the land in Deposited Plans 729843 and 822650; All that piece or parcel of land at Crescent Head in the County of Macquarie Parish of Palmerston and Kempsey Local Government Area shown by dark grey and light grey shading on the plan annexed hereto and marked "A1" being lots 2, 9, 12, 14 to 16, 19 and 20 in Deposited Plan 729843 and lots 24, 26 to 38, 40 to 43, 45, 46 and 49 to 55 in Deposited Plan 822650'.|
|Legal Status:||Registered on the National Native Title Register o|
|Legal Reference:||Federal Court No: NG6002/96; National Native Title|
|Subject Matter:||Native Title | Compensation | Recognition of Native Title or Traditional Ownership | Native Title - Extinguishment|
|Mary-Lou Buck v State of New South Wales & Ors  FCA 1624|
Summary: As a result of this consent determination the Dunghutti people became the first determined holders of native title on the Australian mainland.
Between: Mary-Lou Buck on behalf of the Dunghutti People (APPLICANTS) AND
State of New South Wales, Iris Anderson, Ronald Anderson, N Bennett, A Bennett, Craig Cockroft, Jeff Davies, Lynette Davies, Richard Dube, Susan Dube, Jackie Elysee, Alan Forrest, Elizabeth Forrest, Katherine Fowler, Michael Fowler, Jody Fraser, Sue Fraser, Allan Graham, Amanda Holmes, David James, Sally James, David Jardine, Jeanine Kennedy, Alan Lawrence, Sarah Lindsay, John Maynard, Lisa Maynard, MA McKay, WJ McKay, New South Wales Aboriginal Land Council, Raymond Perrin, Tamara Schindehuette-Scott, Peter Shaw, Rowan Shaw, Judith Tatnell, Andrew Thomas, and Anna Treloar (RESPONDENTS)
Judge: Lockhart J
Determination: Native title exists in relation to land at Crescent Head being the land described in Schedules 2 and 3 and lot 44 in Deposited Plan 822650.
|In November 1994, Mary-Lou Black lodged a positive claim on behalf of the Dunghutti People with the National Native Title Tribunal with the assistance of the NSW Aboriginal Land Council. Mediation and negotiation between the various interested parties resulted in the Crescent Head Agreement, and ultimately in the consent determination declaring the existence of native title. As with the majority of consent determinations, the orders were made in respect of land which was either unallocated crown land, reserved land or land already held by, or for the benefit of, Aboriginal or Torres Strait Islander People.|
Justice Lockhart found native title comprised of the communal rights and interests held by the Dunghutti people, conferring on them possession, occupation and enjoyment of the land to the exclusion of all others. The Dunghutti People may exercise whatever rights and interests (whether communal, group or personal) are recognised by their traditional laws and customs as in force at any relevant time, subject to any valid laws of the State of New South Wales or the Commonwealth of Australia.
The native title is to be held in trust for the common law holders by Dunghutti Elders Council (Aboriginal Corporation) in accordance with the Native Title Act 1993.
The court noted that in some parts of the claim area, native title had been extinguished but that the Dunghutti People agreed on the amount of compensation for the extinguishment of those native title rights and interests.
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