White J
This matter concerned a positive determination of native title over 5,492 square kilometres of land in the Gurindji locality of central Northern Territory. This was determined by consent between the Jamangku, Japuwuny, Parlakuna‑Palkinykarni and Yilyilyimawu landholding groups and the Northern Territory. The native title was prescribed to be held on an agency basis by the Jinparrak Aboriginal Corporation.
Background
The native title claim was first lodged in 2016 over an area known as the Wave Hill Pastoral Lease. The area comprises four estates associated with the Jamangku, Japuwuny, Parlakuna-Palkinykarni and Yilyilyimawu groups. The groups form part of a larger society with communal rights and interests, but hold varying interests over different parts within the determination area.
Determination
The determination recognised various non-exclusive native title rights to: access, travel, live, erect structures, hunt, gather, fish, take and share resources and water, light fires, maintain traditional sites and conduct cultural activities on the land including birth and burial rites. These were to be consistent with the other interests in the area which included a lease, heritage area, two mining titles, two petroleum titles, Telstra access, and the rights of other Aboriginal persons. The precise location and boundaries of any public works was left to the parties to determine. Some small blocks within the boundaries of the native title area were excluded from the determination, including three roads and three fee simple estates.
Finding no circumstances which indicated that the agreement was inappropriate, White J formally gave effect to the agreement and granted judicial recognition to the native title rights and interests of the Jamangku, Japuwuny, Parlakuna-Palkinykarni and Yilyilyimawu groups.