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Pwerle v Northern Territory [2016] FCA 304

Year
2016
Jurisdiction
Northern Territory
Forum
Federal Court
Summary

Reeves J

In this decision, Reeves J recognised the native title rights and interests in land and waters covering approximately 10,000 square kilometres of land situated approximately 300 kilometres north of Alice Springs. The determination area is located in Kaytetye, Anmatyerr and Warumungu territory. Two perpetual pastoral leases exist over a large part of the claim area. The claim was first filed on 19 July 2011, and was amended on 19 September 2013. The respondents in this case are the Northern Territory government and two pastoralists.

The non-exclusive native title rights and interests recognised include the right to: access and travel over any part of the land and waters; live on the land, to camp, and to erect shelters and other structures; hunt, gather and fish on the land and waters; take and use natural resources; access, take and use natural water on or in the land, except water captured by the holders of Perpetual Pastoral Lease 969 and Perpetual Pastoral Lease 1103 respectively; light fires for domestic purposes; access and to maintain and protect sites and places; conduct cultural activities, ceremonies, meetings, teaching the physical and spiritual attributes of sites and places  and, the right to privacy in the exercise and enjoyment of those activities.

Other non-exclusive rights and interests include the right to speak for and make decisions about the use and enjoyment of the land and waters; share or exchange natural and be accompanied on the land and waters by persons who, though not native title holders have connections to country.

Greenwood J noted that native title holders who hold common or group rights may do so by virtue of descent or non-descent connection.

Greenwood J made the orders agreed upon by the parties to recognise native title rights and interests. The prescribed body corporate is the Eynewantheyne Aboriginal Corporation.