Lander J
These consent determinations were four of eleven applications heard together because of their geographical proximity.
In the first matter, the Federal Court recognised the native title rights and interests of the Warrangku, the Karranjini and the Lija/Muwartpi estate groups in relation to the land and waters within the Mungabroom Pastoral Lease in the Northern Territory. The second determination concerned the rights and interests of the Warrangku group with respect to the Ucharonidge Pastoral Lease; the third case recognised the Kinbininggu, the Warrangku and the Marlinja estate groups’ rights over determined land and waters within the Hayfield Pastoral Lease; and the fourth determination related to the rights and interests of the Karranjini, the Bamarrnganja, the Warranangku, the Pinda (OT Downs) and the Lija/Muwartpi estate groups over the Beetaloo Pastoral Lease.
Respondents in these proceedings included the Territory, Telstra Corporation and holders of perpetual pastoral leases, including Yarabala Pty Ltd, Consolidated Pastoral Company Pty Ltd and APN Pty Ltd. The Federal Court made consent determinations under s 87 of the Native Title Act 1993 (Cth) and found that native title existed in the determination areas.
Rights and interests
The following non-exclusive native title rights and interests were recognised in each determination: the right to access and move about the determination area; hunt and fish on the lands and waters; gather and use natural resources, including water resources (though not water captured by the pastoralists); share and exchange the subsistence and other traditional resources; live, camp and erect shelters; cook and light fires for domestic purposes (but not for clearing vegetation); conduct of cultural activities and ceremonies; teach the physical and spiritual attributes; be accompanied by non-native title holders; and visit, maintain and protect sites of cultural significance. Various rights and interests of non-native title parties were recognised, including rights in certain pipelines on the land and the rights to move stock over the land.