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Jackson v Northern Territory of Australia [2012] FCA 664

Category: Agreement
Binomial Name: Federal Court of Australia
Sub Category:Consent Determination (Native Title Act)
Location:Roper Gulf Shire , Northern Territory , Australia
Central Northern Territory within the Roper Gulf Shire
Legal Status: Registered on the National Native Title Register.
Legal Reference: National Native Title Tribunal No: DC10/13 Federal Court of Australia No: NTD 17 of 2010
Alternative Names:
  • Amungee Mungee Pastoral Lease
  • Subject Matter:Access | Native Title | Pastoral Activities | Recognition of Native Title or Traditional Ownership
    URL: http://www.austlii.edu.au/au/cases/cth/FCA/2012/664.html
    Summary Information:
    Between:
    Terry Jackson (on behalf of the Karranjini Group and the Bamarrnganja group) (APPLICANTS) AND

    Northern Territory of Australia and Paul Zlotkowski (RESPONDENTS)

    Judge: Lander J
    Where made: Historic Newcastle Waters Township

    Determination: Native title exists in parts of the determination area. It consists of non-exclusive native title rights. This does not confer on the estate group members possession, occupation, use and enjoyment of the Determination Area, to the exclusion of all others.

    Native title is held jointly by the following two estate groups:
    (a) the Karranjini group;
    (b) the Bamarrnganja group.

    Membership of the estate groups is determined by patrilineal descent, or a person's mother, father's mother or mother's mother being or having been a member of the group by reason of patrilineal descent or if a person has been adopted and incorporated into such a descent relationship.

    Other people have rights and interests in the Determination Area in accordance with traditional laws and customs, subject to the rights and interests of the estate group members. These people are:
    (a) members of estate groups from neighbouring estates;
    (b) spouses of the estate group members.

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

    - the right of access and to travel over the land;
    - the right to hunt and to fish;
    - the right to gather and use the natural resources of the land for domestic purposes;
    - the right to live, to camp and erect shelters and other structures for that purpose;
    - the right to light fires for domestic purposes;
    - the right to conduct and to participate in cultural activities, cultural practices relating to birth and death, including burial rites, ceremonies, meetings and teaching the physical and spiritual attributes of sites and places on those areas that are of significance under their traditional laws and customs on the land;
    - the right to access and take water for personal, domestic or non-commercial communal purposes;
    - the right to look after significant cultural sites and places;
    - the right to share and exchange the natural resources of the Determination Area;
    - the right to be accompanied onto the Determination Area by people who, though not native title holders are people required by traditional law and customs for the performance of ceremonies or cultural activities or people who have rights under traditional law and custom in relation to any part of the native title area or people required to assist, observe or record traditional activities on the area.

    Interests of the members of neighbouring estate groups and spouses of the native title holders include:
    - the right of access and to travel over the native title area;
    - the right to hunt and to fish;
    - the right to gather and use the natural resources of the area such as food, medicinal plants, wild tobacco, timber, stone and resin;
    - the right to take and use the natural water of the area;
    - the right to camp on the land;
    - the right to light fires for domestic purposes;
    - the right to conduct activities necessary to give effect to the rights referred to above.

    Non-native title rights and interests that exist within the determination area can be summarised as
    - the interests of Paul Zlotkowski in relation to NT portion 1079, under Perpetual Pastoral Lease 1100;
    - the rights and interests of Telstra Corporation Limited as the owner or operator of telecommunications facilities within the Determination Area, as the grantee of rights pursuant to Access Easement instrument No. 740777, as grantee of rights pursuant to Easement in gross instrument No. 740775 and No. 740775 and created pursuant to the Post and Telegraph Act 1901 (Cth), the
    Telecommunications Act 1975 (Cth), the
    Australian Telecommunications Corporation Act 1989 (Cth), the Telecommunications Act 1991 (Cth) and the Telecommunications Act 1997 (Cth) including the rights to inspect land, install and operate telecommunications facilities and alter, remove, maintain, replace and ensure the proper functioning of its telecommunications facilities, for employees, agents or contractors to access telecommunications facilities in the native title area and under any license, access agreement or easement relating to its telecommunications facilities in the Determination Area;
    - the rights of Aboriginal persons in relation to NT portions 1079, pursuant to the reservation in favour of Aboriginal peoples contained in the pastoral lease, identified in ss 38(2) - (6) of the Pastoral Land Act 1992 (NT);
    - the interests of the Northern Territory Government as owner of the McArthur River Gas Pipeline and all associated infrastructure;
    - the rights and interests of NT Gas Pty Ltd as the holder of Pipeline Licence No. 17 under the Energy Pipelines Act (NT);
    - rights of Aboriginal persons under the Northern Territory Aboriginal Sacred Sites Act 1989 (NT);
    - rights of access by an employee, servant or agent of the Northern Territory or Commonwealth government as required in the performance of their legal duties;
    - the interests of persons to whom rights and interests have been granted by the crown pursuant to statute or otherwise in exercise of executive power;
    - interests granted under the Mining Act(NT) including Explorations Permit Title Numbers 76, 98 and 117.

    Provisions Relevant to the Native Title Rights
    Native title does not exist over
    - minerals, petroleum or prescribed substances as defined in the Atomic Energy (Control of Materials) Act 1946 (Cth) and/or the Atomic Energy Act 1953(Cth).

    An Aboriginal corporation, whose name is to be provided within 12 months, is to be the prescribed body corporate for the purposes of the Native Title Act 1993 (Cth).
    Detailed Information:
    Background
    This application was filed on 11 August 2010 seeking recognition of native title rights and interests over the land and waters within the bounds of the Amungee Mungee Pastoral Lease in the Northern Territory. Paul Zlotkowski is the holder of the pastoral lease.

    The application is brought on behalf of the members of land holding groups associated with the estate groups Karranjini and the Bamarrnganja.

    This application was also heard with eleven other applications due to their geographical proximity.

    At a ceremonial sitting of the Federal Court, Justice Lander awarded non-exclusive native title rights over the stations of Amungee Mungee, Mungabroom, Vermelha, Maryfield, Forrest Hill, Kalala, Hayfield, Shenandoah, Ucharonidge and Beetaloo stations, as well as the township of Daly Waters (Rawlinson, 2012). This is an area of almost 30,000 kmē (Northern Land Council, 2012).

    Native title applicant Raymond Pompey said that the determination meant that he "got to go back and look after my site, sacred site - the trees and the dreamings from my father left there" (Rawlinson, 2012).

    Northern Land Council CEO Kim Hill said the non-exclusive native title rights mean traditional owners like Pompey will be involved in future use of the land, and will have input into the development of new infrastructure or mining projects (Northern 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 on the 20th June 2012 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
  • Jackson v Northern Territory of Australia [2012] FCA 668
  • Ellaga v Northern Territory of Australia [2012] FCA 670
  • Wavehill v Northern Territory of Australia [2012] FCA 666
  • Wavehill v Northern Territory of Australia [2012] FCA 671
  • Albert v Northern Territory of Australia [2012] FCA 673
  • Raymond v Northern Territory of Australia [2012] FCA 683
  • Raymond v Northern Territory of Australia [2012] FCA 667
  • Raymond v Northern Territory of Australia [2012] FCA 669
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Mining Act 1980 (NT)
  • Telecommunications Act 1975 (Cth)
  • Australian Telecommunications Corporation Act 1989 (Cth)
  • Telecommunications Act 1991 (Cth)
  • Telecommunications Act 1997 (Cth)
  • Post and Telegraph Act 1901(Cth)
  • Northern Territory Aboriginal Sacred Sites Act 1989 (NT)
  • Pastoral Land Act 1992 (NT)
  • People
  • Bamarrnganja group - Native Title Applicants
  • Paul Zlotkowski - Respondent
  • Karranjini Group - Native Title Claimant

  • References

    General Reference
    Clare Rawlinson (27 June 2012) Returning to country: a long fight
    Media Release
    Northern Land Council (27 June 2012 ) Native Title recognition for ten Territory stations and the town of Daly Waters

    Glossary

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

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