Rangiah J
Rangiah J considered seven applications, including this application, for determinations of native title over seven pastoral leases of a total of approximately 37000km² of land in the Northern Territory. These matters were heard together because of their geographic proximity to one another and were dealt with as a group at the request of the pastoralists and with the consent of the applicants and the Northern Territory.
This determination by consent concerned the Eva Downs Pastoral Lease, an area of some 2820 square kilometres. It was brought by Claudette Albert on behalf of the Yalajirrpa Group, the Walanyja Group and the Karrkarrkuwaja (Kalkalkuwaja) Group.
The other parties were the Northern Territory of Australia, A. A. Company, and Telstra Corporation Ltd.
Rights and interests
The land and waters of the Determination Area comprise the whole or part of two estate groups: the Walanyja estate group and Karrkarrkuwaja (Kalkalkuwaja) estate group;
Non-exclusive native title rights were recognised, including the right to:
travel over, move about on and have access to those areas;
hunt and fish on the land and waters of those areas;
gather and use natural resources;
take and use natural water;
live and camp, including to erect shelters and other structures;
light fires for domestic purposes, but not for the clearance of vegetation;
conduct and to participate in cultural activities and practices, ceremonies, meetings and teaching;
maintain and protect sites and places of significance under traditional laws and customs;
share or exchange subsistence and other traditional resources obtained on or from those areas; and
conduct activities necessary to give effect to the rights referred to above.
The rights and interests recognised were for the personal or communal needs of the native title holders which are of a domestic or subsistence nature and not for any commercial or business purpose.
Rangiah J stated, at paragraph 12, that:
The determination of native title rights and interests are important to the Applicant and to the Aboriginal estate groups because they are a recognition by the Court on behalf of the Australian community that their ancestors inhabited this country prior to European settlement. The orders that the Court is about to make today are a recognition that they enjoyed such rights as the traditional owners of the land, and have done so since that time.
The Court also ordered:
that an Aboriginal corporation, yet to be named, would be the prescribed body corporate for the purposes of s 57(2) NTA;
that there be no order to costs; and
that the parties may apply to establish:
precise locations and boundaries of public works and adjacent land and waters;
precise locations of the boundaries of pastoral improvements; and
whether pastoral improvements have been constructed unlawfully.