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Griffiths v Northern Territory of Australia (No 2) [2006] FCA 1155 (28 August 2006)

Category: Case Law
Binomial Name: Federal Court of Australia
Date: 28 August 2006
Sub Category:Litigated Determination
Location:Northern Territory, Australia
Land and Waters of the Town of Timber Creek, Northern Territory. The determination area as identified in Schedule A of the native title determination: Those lots wihtin the Town of Timber Creek (as notified in the Northern Territory Government Gazette No 24, 20 June 1975) and allocated the following numbers: 1, 2, 3, 4, 5, 6, 7, 8, 9, 33, 35, 37, 47, 56, 57, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 80, 87, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114.
Legal Status: Registered on the National Native Title Tribunal r
Legal Reference: National Native Title Tribunal File Numbers: DC99/
Alternative Names:
  • Timber Creek, Timber Creek #2, Timber Creek Township
  • Subject Matter:Native Title
    URL: http://www.austlii.edu.au/au/cases/cth/federal_ct/2006/1155.html
    Summary Information:
    Griffiths v Northern Territory of Australia (No 2) [2006] FCA 1155

    Between: Alan Griffiths and William Gulwin on behalf of the Ngaliwurru and Nungali peoples (APPLICANTS) AND Northern Territory of Australia (RESPONDENTS)

    Between: Alan Griffiths and William Gulwin on behalf of the Ngaliwurru and Nungali peoples (APPLICANTS) AND Northern Territory of Australia (RESPONDENTS)

    Between: Alan Griffiths and William Gulwin on behalf of the Ngaliwurru and Nungali peoples (APPLICANTS) AND Northern Territory of Australia and Commonwealth of Australia and Amateur Fisherman's Association of Northern Territory (RESPONDENTS)

    Judge: Weinberg J

    Where Made: Darwin

    This is a litigated determination affecting three native title applications.

    Native Title was found to exist in relation to all three applications.

    The native title rights found are non-exclusive. Weinberg J found that native title holders have the right to 'use and enjoy the land and waters in accordance with...traditional laws and customs'. However, the claimants had sought exclusive rights to the determination area. The Northern Land Council, which represented the native title claimants, was reportedly dissatisfied with the finding and have considered appealing (ABC 2006). The determination recognised the rights of native title holders to:

    '(a) the right to travel over, move about and to have access to the determination area;
    (b) the right to hunt, fish and forage on the determination area;
    (c) the right to gather and to use the natural resources of the determination area such as food, medicinal plants, wild tobacco, timber, stone and resin;
    (d) the right to have access to and use the natural water of the determination area;
    (e) the right to live on the land, to camp, to erect shelters and other structures;
    (f) the right to:
    (i) engage in cultural activities:
    (ii) conduct ceremonies
    (iii) hold meetings;
    (iv) teach the physical and spiritual
    attributes of places and areas of
    importance on or in the land and waters;
    and
    (v) participate in cultural practices relating to
    birth and death, including burial rights.' (per Weinberg J)

    Related Entries

    Agreement
  • Timber Creek Indigenous Land Use Agreement (ILUA)
  • Organisation
  • Northern Territory of Australia - Respondent
  • Northern Land Council
  • Commonwealth of Australia - Respondent
  • Amateur Fishermen's Association of the Northern Territory - Respondent
  • Gunarmu Aboriginal Corporation
  • People
  • Nungali/Ngaliwurru People
  • Alan Griffiths and William Gulwin on behalf of the Ngaliwurru and Nungali Peoples

  • Glossary

    Native Title (Australia)

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