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Ngal/Jangala on behalf of the Rrwerk/Mamp/Arrwek, Yinjirrpikurlangu, Janyinpartinya, Yanarilyi/Anerely and Ngarliyikirlangu landholding groups v Northern Territory of Australia [2016] FCA 684

Year
2016
Jurisdiction
Northern Territory
Forum
Federal Court
Summary

Rangiah J

In this decision, Rangiah J recognised the native title rights and interests of the Rrwerk/Mamp/Arrwek, Yinjirrpikurlangu, Janyinpartinya, Yanarilyi/Anerely and Ngarliyikirlangu landholding groups over the 2,702 square kilometres of land and water within the Mount Dennison Station in central NT. The application was lodged on 6 December 2013. The sole respondent to the claim was the Northern Territory Government.

Rights and interests

The non-exclusive native title rights and interests recognised include the right to: speak for and make decisions about the use and enjoyment of the land and waters; access and travel over the land and waters; live on the land, and for that purpose, to camp, erect shelters and other structures; hunt, gather and fish; take and use the natural resources, except water captured by the holders of Perpetual Pastoral Lease No. 1110; light fires for domestic purposes; access and maintain and protect sites and places; conduct cultural activities, ceremonies; meetings, teaching the physical and spiritual attributes of sites; and the right to privacy in the exercise and enjoyment of these activities.

Rangiah J noted that the anthropological reports indicate that the landholding groups are part of a society whose Dreaming tracks extend well beyond the determination area. His Honour said the native title holders are descendants of people who have occupied the determination area since ‘time immemorial’ and communally acknowledge beliefs about the physical and cultural landscape, and the legal, social, kinship and religious systems. However, Rangiah J noted that both descendants and non-descendants may possess a traditional connection to the land.

The Mt Denison Aboriginal Corporation is to be the prescribed body corporate for the area.