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Napangardi on behalf of Jiri/Kuyukurlangu, Kumpu, Kunajarrayi, Mikanji, Pikilyi, Pirrpirrpakarnu, Wantungurru, Wapatali/Mawunji, Warlukurlangu, Yamaparnta, Yarripiri and Yarungkanyi/Murrku Estate Groups v Northern Territory [2013] FCA 637

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

Reeves J

In this matter the Court made orders by consent recognising the native title rights and interests of 12 estate groups associated with the Jiri/Kuyukurlangu, Kumpu, Kunajarrayi, Mikanji, Pikilyi, Pirrpirrpakarnu, Wantungurru, Wapatali/Mawunji, Warlukurlangu, Yamaparnta, Yarripiri and Yarungkanyi/Murrku landholding groups. 

The determination area is comprised of NT Portion 1947 and NT Portion 4264. The land and waters are described in Schedule A of the determination.

The Respondents were the Northern Territory of Australia and Braitling Nominees Pty Ltd.

Rights and Interests

The native title rights and interests recognised in the determination area described in Schedule A were the non-exclusive rights to:

access and travel over, live, camp and erect shelters, hunt, gather and fish, take and use the nature resources of the land and water,
light fires for domestic purposes, access and maintain and protect sites and places, conduct and to participate in the following activities on those areas:

cultural activities, ceremonies, meetings, cultural practices relating to birth and death including burial rites, teaching the physical and spiritual attributes of sites and places on those areas, the right to privacy in the exercise and enjoyment of those activities, speak for and 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 acknowledged by the native title holders, share or exchange natural resources obtained on or from the land and waters, be accompanied by specified people.

Prescribed Body Corporate

The native title is not to be held on trust.

Ngalyia Aboriginal Corporation (ICN 7631) is to be the prescribed body corporate.

Other Orders

The parties have liberty to apply for the following purposes:

to establish the precise location and boundaries of any public works and adjacent land and waters identified or otherwise referred to in Schedule C of the determination;
to establish the precise location of the boundaries of land on which the pastoral improvements referred to in Schedule C of the determination have been constructed and any adjacent land or waters the exclusive use of which is necessary for the enjoyment of the improvements; and
to establish whether any pastoral improvements referred to in Schedule C of the determination have been constructed unlawfully.