Lander J
In this matter the Federal Court made a determination by consent that native title exists in land and waters within the Town of Daly Waters in the Northern Territory. The application was filed on behalf of members of the land holding group associated with the Badpa estate group. This matter was one of eleven applications heard together because of their close geographical proximity.
Background
The claimants and the Northern Territory government had reached an agreement as to the terms of the proposed determination. Pursuant to s 87 of the Native Title Act 1993 (Cth), the parties requested that the Federal Court make a determination in accordance with the terms of their agreement. The Court recognised that the estate group members possessed non-exclusive rights to use and enjoy certain parts of the determination area as identified by the parties. The agreement also identified the areas where native title had been wholly extinguished.
Lander J applied the same principles and analysis as in the Ellaga matters, and considered similar evidence. His Honour considered that it was appropriate to make the determination sought.
Rights and interests
The claim group was determined to have the following non-exclusive rights in the determination area: to travel on and access the area; to hunt and fish; to gather and use the natural resources; to take and use natural water; to live, camp and erect shelters; to light fires (but not for clearing vegetation); to conduct cultural activities and meetings; to maintain and protect sites and places of significance; to share or exchange subsistence and other traditional resources; and to be accompanied on the area by non-native title holders.