White J
This case concerned a consent determination made by the Federal Court. The applicant in this proceeding made an application for a determination of native title over an area of land and water in the Northern Territory. The applicant, the Northern Territory and the second respondent reached an agreement under s 87(1)(a) of the Native Title Act 1993 (Cth) (‘NTA’) as to the terms of the determination. The parties, in accordance with s 87(1)(b) of the NTA, filed their signed written agreement with the Court. The requirements of s 225 of the NTA were found to be met as required by s 94A of the NTA.
Decision
The Court made a determination of native title consistent with the agreement of the parties, with the native title not to be held on trust. Malapa Aboriginal Corporation was designated as the prescribed body corporate for the purposes of s 57(2) of the NTA. Finally, it was agreed that certain public works and other infrastructure had extinguished native title, but the description was expressed in generic terms. White J held that the parties were at liberty to apply to establish the precise location and boundaries of these public works and adjacent land and waters to determine where native title had been extinguished.