Collier J
The native title claim group, the Northern Territory Government and the other respondents to the proceeding had reached an agreement as to the terms of a determination over an area of land that covers 2,949 square kilometres in the Northern Territory. The land is located 110 kilometres south of Tennant Creek and 310 kilometres north of Alice Springs.
The group that holds the native title rights in relation to the area are members of the Akwerlpe-Waake, Ileyarne, Lyentyawel Ileparranem or Arrawatyen landholding groups by virtue of descent (including adoption) or those who are accepted as a member of one or more of the landholding groups by senior members by virtue of a non-descent connection to an estate.
Rights and interests
The native title rights and interests in relation to the area include the right to access and travel over any part of the land and waters, the right to live on the land and for that purpose to camp, erect shelters and other structures, to hunt, gather, take and use the natural resources of the land and waters, including the right to access, take and use natural resources on or in the land. They include the right to access, maintain and protect places and areas of importance on or in the land and waters, to engage in cultural activities, conduct ceremonies, hold meetings, teach the physical and spiritual attributes of places and areas of importance, participate in cultural practices relating to birth and death including burial rites and including the power to regulate the presence of others at any of these activities on the land and waters. They include the right to make decisions about the use and enjoyment of the land and waters by Aboriginal people who recognise themselves as governed by Aboriginal traditional laws and customs and who acknowledge the traditional laws and customs of the native title holders. They include the right to share and exchange natural resources obtained on or from the land and waters, including traditional items made from the natural resources.
These native title rights and interests are held subject to and are exercisable in accordance with the traditional laws and customs of the native title holders and the valid laws of the Northern Territory and the Commonwealth of Australia. There are no native title rights in minerals or petroleum.
Other interests
The other interests in the determination area include pastoral leases, state government easements, pipeline licences, interests of various groups granted under the Mining Act 1982 (NT), the interests of Telstra, and the rights of access of an employee of the State as required for the performance of their statutory duties.
Other rights and interests in relation to the land prevail over the native title rights and interests but do not extinguish them and the existence and exercise of the native title rights and interests do not prevent to doing of any activity.
Justice Collier held that the proposed orders were within the power of the Court and that it was therefore appropriate for him to make the consent determination. The native title is not to be held on trust.