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Lynch on behalf of the members of the Alherramp/Rrweltyapet, Ilewerr, Mamp/Arrwek, Tywerl, Arrangkey, Anentyerr/Anenkerr and Ntyerlkem/Urapentye Estate Groups v Northern Territory of Australia [2013] FCA 636

Year
2013
Jurisdiction
Northern Territory
Forum
Federal Court
Legislation considered
s 87 Native Title Act 1993 (Cth)
Summary

Reeves J

In this matter the Court made orders by consent recognising the native title rights and interests of 7 estate groups associated with the Alherramp/Rrweltyapet, Ilewerr, Mamp/Arrwek, Tywerl, Arrangkey, Anentyerr/Anenkerr and Ntyerlkem/Urapentye estate groups in the area comprised of NT Portions 747 and 748 and part of NT Portion 5165. The land and waters are described more particularly described in Schedule A of the determination.

The Respondents were the Northern Territory of Australia and Hiraji Pty Ltd.

Rights and Interests

The native title rights and interests recognised in the determination area described in Schedule A were the non-exclusive rights to:

travel over, move about and access;
hunt and fish;
gather and to use the natural resources such as food, medicinal plants, wild tobacco, timber, stone and resin;
take and use the natural water;
live, camp and erect shelters;
light fires for domestic purposes, but not for the clearance of vegetation;
conduct and to participate in the following activities on those areas:

cultural activities;
cultural practices relating to birth and death, including burial rites;
ceremonies;
meetings;
teaching the physical and spiritual attributes of sites and places on those areas that are of significance under their traditional laws and customs;
maintain and protect significant sites ;
share or exchange subsistence and other traditional resources;
be accompanied by specified people.

Prescribed Body Corporate

The native title is not to be held on trust.

Alherramp Ilewerr Mamp Arrangkey Tywerl Aboriginal Corporation is to be the prescribed body corporate.

Other Orders

The parties have liberty to apply for the following purposes:

to establish the precise location and boundaries of any public works and adjacent land and waters identified or otherwise referred to in Schedule C of the determination;
to establish the precise location of the boundaries of land on which the pastoral improvements referred to in Schedule C of the determination have been constructed and any adjacent land or waters the exclusive use of which is necessary for the enjoyment of the improvements; and
to establish whether any pastoral improvements referred to in Schedule C of the determination have been constructed unlawfully.