Mansfield J
In this matter, Mansfield J made orders recognising the Rrumburriya Borroloola claim group as the holders of native title in the town of Borroloola in the north-east of the Northern Territory. This matter is a continuation from the Rrumburriya Borroloola Claim Group v Northern Territory of Australia [2016] FCA 776 decision, where Mansfield J found that the Rrumburriya Borroloola people have an unrestricted right to access and take resources from the claim area, but requested that the parties to the proceeding prepare a determination regarding extinguishment.
The respondents were the Northern Territory of Australia, the Commonwealth of Australia, Borroloola Amateur Race Club Inc, Borroloola Community Government Council and Air Services Australia.
Rights and interests
In relation to the exclusive areas, the native title rights and interests are the rights of possession, occupation, use and enjoyment as against the whole world.
In relation to the non-exclusive areas, the native title rights and interests are the rights to access, remain on and use the areas; access and take for any purpose the resources of the areas; and the right to protect places, areas and things of traditional significance on the areas.
The Court determined that there are no native title rights and interests in defined minerals, petroleum and substances defined in the Atomic Energy Act 1993 (Cth) in the determination area as are wholly owned by the Crown.
The native title is not to be held on trust.
Prescribed Body Corporate
An Aboriginal corporation, whose name is to be provided within 12 months, is to be the prescribed body corporate for the purpose of s 57 of the NTA.