Griffiths J
In these matters (see related content), Griffiths J recognised the native title rights and interests of the Kwaty and Tywerl (NTD20/2007) and the Alhankerr, Atwel/Alkwepetre, Ilkewarn, Kwaty, Mpweringke, NtyerIlkem/Urapentye and Tywerl (NTD8/2014) landholding groups to estate areas associated with those groups. The claimants and the Northern Territory government came to an agreement regarding the terms of the determination and filed for a consent determination under s 87 of the Native Title Act 1993 (Cth) (NTA).
Background
In December 2007, a native title determination application known as the ‘First Aileron Claim’ was filed on behalf of the Kwaty and Tywerl landholding groups over an area of 82 square kilometres of the Aileron Pastoral Lease and 128 square kilometres of Pine Hill West in the Northern Territory. The ‘Second Aileron Claim’ was lodged in March 2014 on behalf of the Alhankerr, Atwel/Alkwepetre, Ilkewarn, Kwaty, Mpweringke, NtyerIlkem/Urapentye and Tywerl landholding groups. That claim covers 3997 square kilometres excluded from the First Aileron Claim, 84 hectares of Anna’s Reservoir Conservation Reserve, 2 hectares of Ryan Well Historical Reserve and 3 square kilometres of Crown Lease Term 1877. In September 2015, it was ordered by consent that the two matters, NTD 20/2007 and NTD8/2014, be heard together.
Decision
The non-exclusive rights and interests recognised by the Court include rights to access and live on the land; hunt, gather, fish and take the natural resources of the land and waters; to protect sites and places of significance; and to conduct ceremonies and cultural activities on the determination area. The rights of third parties were also recognised, and held to take precedence over the native title rights and interests. Griffiths J was satisfied that the requirements of s 87 of the NTA were satisfied.
The Kwaty Aboriginal Corporation was nominated as the prescribed body corporate for the NTD20/2007 application, and the Irretyepwenty Ywentent Pwert Aboriginal Corporation for NTD8/2014.