White J
In this matter the Court made orders by consent recognising the native title rights and interests of the four estate groups in relation to the land and waters in the Town of Kalkarindji. The determination area comprises approximately 5.7km2 within the outer boundaries of Lot 121 in the Town of Kalkarindji.
The orders were based on an agreement between the Northern Territory of Australia (the sole remaining respondent) and the Jiyilijurrung and Yilyilimawu Gurindji People who are members of four estate groups associated with the Karu (Children), Yiparrartu (Emu), Warrpawurru (Flying-Fox) And Nyirri (Cicada) Dreamings.
White J stated that section 87A of the Native Title Act 1993 (Cth) (NTA) permits the Court to make a determination by consent without holding a formal hearing if it is satisfied of a number of matters. The Court concluded that these elements had been satisfied.
White J considered that the affidavits of the respective applicants and an anthropological report regarding the members of the Jiyilijurrung and Yilyilimawu Gurindji people indicated that there has been substantially uninterrupted observance of the traditional laws and customs in the determination area since sovereignty.
Rights and interests
The native title rights and interests confer possession, occupation, use and enjoyment of the land and waters of the native title holders to the exclusion of all others, provided however, that the rights and interests in the waters of the Victoria River are non-exclusive.
The native title is not to be held on trust.
Prescribed Body Corporate
The Gurindji Aboriginal Corporation is the Prescribed Body Corporate for the purposes of s 57(2) of the NTA.