Finn J
This case concerned a consent determination that no native title exists in the claim area.
Background
The applicant lodged a native title determination application over land and waters subject to a former Crown Lease in the Mataranka Locality in the Northern Territory. This was subsequently amended by the parties. Pursuant to ss 87 and 94A of the Native Title Act 1993 (Cth) the parties reached an agreement that no native title exists in relation to the determination area. The parties agreed to this on the basis that the conversion of the former Crown Lease to a Crown Lease Perpetual was a pre-existing rights based act that wholly extinguished any existing native title rights and interests in the determination area.
Decision
Finn J considered that it would be appropriate to make the orders sought for the following reasons: all parties were legally represented; tenure searches had been conducted to identify other interests in the claim area; respondent parties provided to the other parties lists of their interests; the parties agreed on the nature and extent of different interests in the claim area; there were no other native title proceedings on foot that covered any of the claim area; and the state had played an active role in negotiating the consent determination.