Finn J
In this decision Finn J made a determination by consent that native title exists in lands and waters within and surrounding the town of Mataranka.
The Court was satisfied that the parties had reached an agreement as to the terms of the determination pursuant to s 87 of the Native Title Act 1993 (Cth). The determination area comprises two estates, held respectively by the Najig group and the Guyanggan Nganawirdbird group.
Rights and interests
In part of the claim area, the court determined that the claimants have rights to possession, occupation, use and enjoyment of the area to the exclusion of all other. In the remainder of the claim area, the claimants had a range of non-exclusive rights including access, camping, hunting, fishing, gathering and using natural resources, taking and using natural water, conducting ceremonies, maintaining and protecting important sites, and lighting fires (but not to clear vegetation). The court also recognised the non-exclusive right to live on the area and to erect shelters for that purpose.
In relation to the connection requirement under s 223 of the Native Title Act 1993 (Cth), Finn J noted that the connection material was prepared by anthropologists employed by the Northern Land Council. The Territory had raised various contentions about the connection material, which resulted in amendments to the application concerning revised genealogies and the parts of the determination area where native title has been extinguished based upon the grant of tenure and public works.
Having established that all parties had agreed to the nature and extent of other interests within the determination area, pursuant to s 225 of the Native Title Act (Cth), Justice Finn regarded it as appropriate to make orders. His Honour noted that the Northern Territory as first respondent had played an active role in negotiating the consent determination. His Honour commended procedures implemented by the Northern Territory Government ‘which facilitate the speedy resolution of, and recognition of, native title claims.’ Justice Finn noted that, although the agreement avoided the need for a protracted court hearing, ‘It is almost a decade since the application was filed. That it has taken this long to be finalised is, in some measure, a matter for regret.’