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Willy v Northern Territory of Australia [2014] FCA 153

Category: Agreement
Binomial Name: Federal Court of Australia
Date: 6 March 2014
Sub Category:Consent Determination (Native Title Act)
Location:Eva Downs, Northern Territory, Australia
In the vicinity of the Barkly Region.
Legal Reference: Tribunal file no. DCD2014/002 Federal Court file no(s) NTD34/2011
Subject Matter:Native Title | Native Title - Extinguishment | Pastoral Activities
URL: http://www.austlii.edu.au/au/cases/cth/FCA/2014/153.html
Summary Information:
Willy v Northern Territory of Australia [2014] FCA 153

Between:
Tony Willy on behalf of the Gulunurru (Anderson) Group and the Purrukwarra Group (APPLICANT)
and

Northern Territory of Australia (FIRST RESPONDENT)
Telstra Corporation Ltd (SECOND RESPONDENT)

Judge: Rangiah J

Where made: Tingkkarli/ Lake Mary Ann

Determination:

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

Native title is held by members of the Gulunurru (Anderson) group and the Purrukwarra group.

The non-exclusive native title rights over part of the determination area consist of
- The right to travel over, to move about and to have access to those areas;
- The right to hunt, fish, gather, share, exchange and use the natural resources (including water, apart from water captured by the holders of Perpetual Pastoral Lease No. 985) of the Determination Area;
- The right to live, camp, erect temporary shelters and structure on those areas;
- The right to light fires for domestic purposes, but not in order to clear vegetation;
- The right to conduct cultural activities and practices, ceremonies, meetings and teachings;
- The right to maintain and protect sites and places of significance under traditional laws and customs;

Non-native title rights and interests that exist within the determination area include:
- The interests under Perpetual Pastoral Lease No. 985;
- The rights and interests of Telstra Corporation Ltd;
The rights of Aboriginal persons (whether or not native title holders) by virtue of the Northern Territory Aboriginal Sacred Sites Act 1980 (NT);
- The rights of access by an employee, servant, agent or instrumentality of the Northern Territory or Commonwealth, or other statutory authority as required in the performance of statutory duties;
- The interests of persons whom valid rights and interests have been either granted by the Crown pursuant to statute or otherwise in the exercise of executive power, or otherwise conferred by statute; and
- Any interests granted under the Mineral Titles Act (NT), for example, exploration licences.

Native title rights do not exist in:
- Minerals or petroleum.

In the case of conflict, the exercise of non-native title rights and interests will prevail over the non-exclusive native title.

Provisions Relevant to the Native Title Rights

Top End Aboriginal Corporation, as the prescribed body corporate, is to perform functions required under the Native Title Act 1993 (Cth) and to act as agent for the native title holders. The native title is not held on trust for the native title holders.
Detailed Information:
Details of Judgement
Through mediation, agreement has been reached as to the terms of a determination of native title to provide recognition of the native title rights and interests held by the Gulunurru (Anderson) group and the Purrukwarra group in relation to part of the land and waters covered by the Application. 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

Organisation
  • National Native Title Tribunal
  • Northern Territory of Australia
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)

  • Documents

    Document
    Alroy Downs Pastoral Lease - ( PDF | PDF | PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Consent Determination (Native Title Act 1993 (Cth)) (Australia) | Legislation | Native Title (Australia) | Native Title Claimants (registered) (Australia)

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