White J made orders by consent recognising the native title rights and interests of the Wagiman group and the Jawoyn Bolmo, Matjba and Wurrkbarbar group over part of the land and waters in the Town of Pine Creek, a 12.5km2 area.
Claim Group Composition
The native title claim group was comprised of two separate groups: members of the Wagiman Language Group and members of the Jawoyn Claim Group comprised of a subset of the Jawoyn Language Group, being members of three clans, the Jawoyn Bolmo, the Matjba and the Wurrkbarbar Group. His Honour noted at [18] that although there was some distinct differences between these groups, it was apparent that ‘in relation to the claim area, there is a shared history, shared dreamings, shared rituals, shared practices and shared sites of sacred and ceremonial significance.’
White J acknowledged at [19] that the Northern Territory Government had accepted that the claim group constituted a single society comprised of members of two groups each having native title rights and interests.
Rights and interests
The Court recognised in relation to the area in Schedule C 1(a) exclusive native title rights and interests of possession, occupation, use and enjoyment to the exclusion of all others, including the right to access and to take for any purpose the resources of those areas.
The Court recognised the following non-exclusive rights and interests in relation to the area in Schedule C 1(b):
to access, remain on and use the areas;
to access and to take for any purpose the resources of the areas; and
to protect places, areas and things of traditional significance on the areas.
A registered native title body corporate is yet to be nominated.