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Fulton v Northern Territory of Australia [2013] FCA 1088

Year
2013
Jurisdiction
Northern Territory
Forum
Federal Court
Legislation considered
s 87 Native Title Act 1993 (Cth)
Summary

Mansfield J

In this matter the Court made orders by consent recognising the native title rights and interests of 6 estate groups listed below over the land and waters within the bounds of the Tanumbirini Pastoral Lease (an area of around 5019 square kilometres) in the Northern Territory of Australia:

the Guyal Ambulya estate group;
the Guyal Muynmin estate group;
the Budal Labanga estate group;
the Murrungun Baluganda estate group;
the Mambali Ngubayin estate group; and
the Mambali Wungurrindjirr estate group.

The respondents were the Northern Territory of Australia and Thames Pastoral Company Pty Ltd.

Rights and Interests

The native title rights and interests of the estate group members recognised are non-exclusive rights to use and enjoy those parts of the Determination Area identified in Schedule C being the right to travel over, move about and have access to those areas, hunt and to fish, gather and to use the natural resources such as food, medicinal plants, wild tobacco, timber, stone and resin, take and use the natural water on those areas, except water captured by the holders of Perpetual Pastoral Lease No. 1060, live, camp and erect shelters, light fires for domestic purposes, conduct and to participate in cultural activities, cultural practices relating to birth and death, including burial rites, ceremonies, meetings, teaching the physical and spiritual attributes of sites and places, maintain and protect sites ,share or exchange subsistence and other traditional resources and the right to be accompanied by specified perople.

Prescribed Body Corporate

The native title is not to be held on trust and an Aboriginal corporation whose name is to be provided to the Court will be the prescribed body corporate.

Other Orders

The parties have liberty to apply for the following purposes:

(a) to establish the precise location and boundaries of the public works and adjacent land and waters identified in relation to any part or parts of the Determination Area referred to in Schedule D;

(b) to establish the precise location of the boundaries of land on which the pastoral improvements referred to in Schedule D  have been constructed and any adjacent land or waters the exclusive use of which is necessary for the enjoyment of the improvements; and

(c) to establish whether any of the pastoral improvements referred to in Schedule D have been constructed unlawfully.