White J
In this matter, the Court made orders by consent recognising the native title rights and interests of three estate areas associated with the Ilkewarn, Atwel/Alkwepetye and Ayampe landholding groups over an area of approximately 2625 km2 in the Northern Territory of Australia that is subject to the Bushy Park Pastoral Lease, two areas of Crown land and a specified area occupied by the Alice Springs-Darwin railway line which intersects the north-western portion of the Bushy Park Pastoral Lease.
The applicants and the Northern Territory of Australia asked the Court to make consent orders.
Taking into account the application filed on 29 November 2012, the affidavits of the applicants filed in support of the application, a statement of agreed facts by the applicants and the respondent, and the joint submissions of the parties White J concluded that it was appropriate to make a consent determination in accordance with the agreement pf the parties.
In determining the appropriateness of the orders the Court also took into account the fact that the Ilkwarn People and the Atwel/Alkwepetye People have been recognised under the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) as the traditional Aboriginal owners of neighbouring land and as native title holders under the Native Title Act 1993 (Cth) (NTA).
Rights and interests
Non-exclusive native title rights were recognised and include the right to:
access and travel over any part of the land and waters;
live on the land, camp, erect shelters and other structures;
hunt, gather and fish;
take and use the natural resources;
access, take and use natural water;
light fires for domestic purposes, but not for the clearance of vegetation;
access, maintain and protect sites and places that are important under traditional laws and customs;
conduct and participate cultural activities,ceremonies and meetings;
teaching the physical and spiritual attributes of sites and places;
privacy in the exercise and enjoyment of those activities;
speak for and make decisions about the use and enjoyment of the land and waters; and
share or exchange natural resources.
The native title is not to be held os n trust.
Prescribed Body Corporate
The Akwerrperl Corporation is to be the prescribed body corporate for the purposes of s 57(2) NTA.