Lander J
In these matters the Federal Court made a determination by consent that native title exists in land and waters within the area of the Amungee Mungee Pastoral Lease and the Shenandoah Pastoral Lease in the Northern Territory. The first application was brought forward on behalf of members of two estate groups: the Karranjini group and the Bamarrnganja group. The second application was brought forward on behalf of members of the Bamarrnganja group as well as the Kinbininggu group. These matters were two of eleven applications heard together because of their close geographical proximity.
Rights and interests
In these matters the claimants, the Northern Territory, and pastoral respondents reached an agreement detailing the proposed determination area, identity of the native title holders, their native title rights and interests, other interests in the areas where native title exists and areas where native title had been extinguished. Regarding native title rights and interests, the parties determined that these rights would be non-exclusive such as the right to hunt and fish. Pursuant to s 87 of the Native Title Act 1993 (Cth) the parties requested that the Court determine these matters in accordance with the terms of their agreement.
Lander J applied the same principles and analysis to the requirements of s 87 as in the Ellaga matters. His Honour noted the assessment process and the connection material provided by the claimants. This anthropological and genealogy material was considered by the respondents who raised certain contentions arising from their own anthropological assessment. A mutual agreement was reached between these parties as to who were the native title holders. Secondly, Lander J noted reports produced by the respondents regarding the extinguishment of title arising from public works and pastoral improvements. It also considered a report filed by Telstra Corporations Limited in respect to public works on particular parcels of land in the area.
In ordering the consent determination, Lander J applauded the co-operative approach of all parties and their legal representatives in reaching the agreement.