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Freddie on behalf of the Kankawarla, Kanturrpa, Kurtinja, Patta, Pirrtangu, Purrurtu and Warupunju landholding groups v Northern Territory of Australia [2019] FCA 1024

Year
2019
Jurisdiction
Northern Territory
Forum
Federal Court
Legislation considered
s 87A Native Title Act 1993 (Cth)
Summary

Charlesworth J

Charlesworth J made orders by consent recognising the native title rights and interests of the Kankawarla, Kanturrpa, Kurtinja, Patta, Pirrtangu, Purrurtu and Warupunju landholding groups over several parcels of land over Tennant Creek Station in central Northern Territory.

Background

The applicant commenced this proceeding on 3 October 2017. The Northern Territory is joined as the first respondent. The parties now join in an application for orders resolving the whole of the claim by consent under s 87 of the Native Title Act 1993 (Cth).

Native title rights and interests

The native title rights and interests in relation to the determination area are the non-exclusive rights to 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; access, take and use natural water on or in the land; light fires for domestic purposes; share or exchange natural resources obtained on or from the land and waters, including traditional items made from the natural resources; access and to maintain and protect sites and places; conduct and participate in cultural activities, ceremonies, meetings, cultural practices relating to birth and death including burial rites, and teach the physical and spiritual attributes of sites and places on the land and waters that are important under traditional laws and customs; to make decisions about the use and enjoyment of the land and waters by Aboriginal people who recognise themselves to be governed by the traditional laws and customs; and be accompanied on the land and waters.

The Court did not determine whether the native title was to be held on trust nor by whom it was to be held.