Mansfield J
In this matter the Court made orders by consent recognising the native title rights and interests of five estates, which are held respectively by the members of the Burdal Jilajaja estate group, the Burdal Mingkanyi estate group, the Guyal Manaburru estate group, the Mambaliya Binda estate group and the Mambaliya Nankuya estate group, over land and waters within the bounds of the the Broadmere Pastoral Lease (an area of around 2610 square kilometres) in the Northern Territory of Australia.
The respondents were the Northern Territory of Australia and Carwoola Pastoral Co Pty Ltd.
Rights and Interests
The determination area is the land and waters described in Schedule A. The Court recognised the following non-exclusive native title rights and interests in relation to the area:
to travel over, move about and have 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, conduct and to participate in 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 and be accompanied by specified people.
The consent orders provided that the native title rights and interests are for the personal or communal needs of the native title holders of a domestic or subsistence nature and not for any commercial or business purpose.
Prescribed Body Corporate
The native title is not to be held on trust and an Aboriginal corporation, yet to be named, would be the prescribed body corporate for the purposes of s 57(2) of the Native Title Act 1993 (Cth).
Other Orders
In relation to Schedule D, the parties have liberty to apply to establish:
the precise location and boundaries of public works and adjacent land;
the precise location of the boundaries of pastoral improvements; and
whether any pastoral improvements referred to in the agreement had been constructed unlawfully.