Rangiah J
In this decision, Rangiah J recognised the native title rights and interests of the Imperlknge, Urlatherrke, Parerrule, Yaperlpe, Urlampe, Lwekerreye and Ilewerr landholding groups over the over the land and waters within the bounds of the Narwietooma Pastoral Lease in southern NT. The determination area includes there areas: NT Portion 727 which comprises 2,590 square kilometres under pastoral lease, NT Portion 1607 which comprises 1,100 square metres under Crown land on the Dashwood Creek, and NT Portion 4284 comprising 31 square kilometres under Crown land forming part of the North West Stock Route. The application was lodged on 22 May 2013. The respondents to the claim were the Northern Territory Government, Christopher Anthony Connellan, and Anthony Woodley Davis and Pamela Ruth Davis.
Rights and interests
In relation to NT Portion 1607, the Court recognised the following non-exclusive native title rights and interests: the right to possession, occupation, use and enjoyment of the land to the exclusion of all others except in relation to flowing and subterranean waters; and in relation to flowing and subterranean waters, the right to use those waters to hunt on, gather and fish from; and to take and use the flowing and subterranean waters in accordance with their traditional laws and customs for domestic use only.
In relation to NT Portions 727 and 4284, Rangiah J recognised non-exclusive native title rights and interests including the right to: speak for and make decisions about the use and enjoyment of the land and waters; access and travel over any part of the land and waters; live on the land, and for that purpose, to camp, erect shelters and other structures; hunt, gather and fish on the land and waters; take and use the natural resources of the land and waters, except water captured by the holders of Perpetual Pastoral Lease No. 1019; 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 the right to privacy in the exercise and enjoyment of these activities.
Rangiah J noted that the native title holders ‘share subsection systems, moieties, descent ideology, intermarriage, initiation ceremonies, cosmology, mythology (with localised differences) and reciprocal recognition of territorial rights’ over the determination area.
The Wala Aboriginal Corporation is to be the prescribed body corporate.