Reeves J
In this matter, Reeves J recognised the native title rights and interests of the Ananta (Umbeara), Kalka (Kulgera), Watju (Mount Cavenagh), Wapirrka (Victory Downs) and Warnukula (Mulga Park) peoples in relation to 10,210 kilometres of land, situated approximately 215 km south of Alice Springs along the Northern Territory – South Australian border. The determination area is located on Yankunytjara and Matutjara country. The respondent parties are the Northern Territory Government, Colin Bruce Morton, Shane Alethea Niccole, Umbeara Holdings Pty Ltd, Ordiv Petroleum Pty Ltd, Santos Qnt Pty Ltd and Telstra Corporation Ltd.
The application was filed in May 2015. In March 2017, the parties filed executed consent orders, and the applicant and the Northern Territory filed a statement of agreed facts, joint submissions and the anthropological report of Dr Kwok. Reeves J made the orders requested in accordance with the agreement between the parties.
The non-exclusive rights recognised included rights to access and live on the land; hunt, gather and fish; take and use resources; light fires for domestic purposes (other than to clear vegetation); maintain and protect important sites and places and conduct cultural activities on the land.
The prescribed body corporate is the Yankunytjara Matutjara Aboriginal Corporation.
His Honour noted that periods of 15 years or more to reach a determination of native title are, regrettably, far from uncommon. Reeves J found it ‘very pleasing to be involved in this native title determination where, as the short history set out below demonstrates, the time taken to bring the proceeding to finalisation is less than two years’ at [1]. His Honour congratulated the parties for reaching agreement in such a remarkably short period of time, and expressed hope ‘in years to come, this time frame will come to be regarded as the standard, not as an extraordinary exception’ at [1].