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Kngwarrey on behalf of the members of the Irrkwal, Irrmarn, Ntewerrek, Aharreng, Arrty/Amatyerr and Areyn Landholding Groups v Northern Territory of Australia [2011] FCA 428 (5 May 2011)

Category: Agreement
Binomial Name: Federal Court of Australia
Date: 5 May 2011
Sub Category:Consent Determination (Native Title Act)
Location:Ooratippra Perpetual Pastoral Lease, Northern Territory, Australia
The determination area consists of land and waters within NT Portion 2981 and NT Portion 6303. These portions of land are part of the Ooratippra Perpetual Pastoral Lease and lie north east of Alice Springs in Central Australia.
Legal Status: Registered on the National Native Title Register (of native title determinations)
Legal Reference: Federal Court No:NTD6043/2001 Native Title Tribunal No: DC01/42
Subject Matter:Access | Cultural Heritage | Land Use | Native Title | Recognition of Traditional Rights and Interests
URL: http://www.austlii.edu.au/au/cases/cth/FCA/2011/428.html
Summary Information:
Kngwarrey on behalf of the members of the Irrkwal, Irrmarn, Ntewerrek, Aharreng, Arrty/Amatyerr and Areyn Landholding Groups v Northern Territory of Australia [2011] FCA 428 (5 May 2011)

Between:

Johnny Barber Kngwarrey, Billy Cook Apetyarr, Stuart Rust Akemarr, Banjo Morton Apetyarr and Sam Peterson Apetyarr on behalf of the members of the Irrkwal, Irrmarn, Ntewerrek, Aharreng, Arrty/ Amatyerr and Areyn Landholding Groups (APPLICANTS) and

Northern Territoy of Australia (FIRST RESPONDENT)

Telstra Corporation Ltd (SECOND RESPONDENT)

Judge: Reeves J

Where made: Ooratippra

Determination:

Native title exists in parts of the determination area.

The determination area consists of NT Portion 2981 which comprises of an area of 4,292 square kilometres and NT Portion 6303 which comprises of an area of 8 square kilometres, 10 hectares of which is held for an estate in fee simple by the Irretety Aboriginal Corporation. The land the subject of the claim has been held under a perpetual pastoral lease. The determination excludes NT Portion 3889,NT Portion 3890, the Sandover Highway (100 metres wide) and any public works.


Native title is held by members of the Irrkwal, Irrmarn, Ntewerrek, Aharreng, Arrty/Amatyerr and Areyn landholding groups. To hold the communal native title rights, persons must be descendants of the abovementioned landholding groups or be accepted by senior members of that landholding group.

Native title rights and interests that exist over land and water in the determination area include:
-the right to access and travel over any part of the land and waters;
-the right to live on the land;
- the right to camp, erect shelters and other structures;
- the right to hunt, gather and fish;
-the right to take and use the natural resources;
- the right to access, take and use natural water on or in the land;
- the right to light fires for domestic purposes;
- the right to access, maintain and protect sites and places that are important under traditional laws and customs;
-the right to conduct and participate in cultural activities, ceremonies; meetings; cultural practices relating to birth and death;

Native title rights and interest do not exist in petroleum, minerals or substances capable of use in the production of atomic energy.

Non-native title rights and interests that exist within the determination area include:
- the interest of Ooratippra Aboriginal Corporation under Perpetual Pastoral Lease No. 921;
- the interest of Richard Cadzow, Anne Cadzow and Steven Cadzow under a sub-lease of the whole land comprised in Perpetual Pastoral Lease No. 921;
- the interest of Irretety Aboriginal Corporation;
- the interest of Mincor Zinc Pty Ltd;
- the interest of Acacia Minerals Pty Ltd;
- the interest of Territory Phosphate Pty Ltd;
- the interest of Natural Resources Exploration Pty Ltd;
- the interest of Petrofrontier (Australia) and Texalta Australia Pty Ltd;
- the interest of Northern Territory Oil Ltd, Baraka Petroleum Ltd and Petrofrontier (Australia);
- the rights and interests of Telstra Corporation Ltd;
- the rights of Aboriginal persons (irrespective of whether or not they are native title holders) pursunat to the reservation contained in pastoral leases;
- the rights of Aboriginal persons (whether or not native title holders) by virtue of the Northern Territory Aboriginal Sacred Sites Act 1989 (NT). This Act establishes a procedure for the protection of sacred sites as well as conditional entry onto those sites;
- rights of access by an employees and other agents of the Northern Territory;
- rights of access by employees and other agents of statutory authorities;
- interests of persons to whom valid and validated rights and interests have been;
- rights and interest granted pursuant to statute (including interests granted by the Crown).
Detailed Information:
Background
This application was first lodged on 4 July 2001 but was substantially ammended on 9 February 2011.

The determination came into effect on 19 April 2012 after a prescribed body corporate was nominated.

Details of the judgment

Judge Reeves outlined the anthropological evidence that highlighted the ongoing connection the Irrkwal, Irrmarn, Ntewerrek, Aharreng, Arrty/Amatyerr and Areyn People had with the land. Judge Reeves ultimately stated that the settlement of the native title claim was to be 'encouraged and congratulated' and that the court's orders did not grant native title but instead 'merely recognise the native title that they have long held.'

The effect of the determination has been delayed until a prescribed body corporate is nominated. Therefore, although the determination was made on 5 May 2011, it did not come into effect until 19 April 2012.

Related Entries

Organisation
  • Telstra Corporation Limited
  • Northern Territory of Australia
  • People
  • Alyawarr people

  • References

    General Reference
    National Native Title Tribunal Claimant Application Summary: Ooratippra
    National Native Title Tribunal (5 May 2011) Native title determination summary - Ooratippra
    Media Release
    Central Land Council (4 May 2011) Ooratippra pastoral lease native title consent determination

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Aboriginal Corporation (Australia) | Applicant | Consent Determination (Native Title Act 1993 (Cth)) (Australia) | Extinguishment (Australia) | Native Title (Australia) | Native Title Determination (Australia) | Prescribed Body Corporate (PBC) (Native Title Act) (Australia)

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