White J
The applications which are the subject of this judgment are part of a group of applications known as the Banka Banka Group. These applications travelled together in the Court and include applications for native title over Banka Banka West, Banka Banka East, Helen Springs and Powell Creek Pastoral Leases. The Court provided separate judgments in respect of each application. This judgment concerns the Banka Banka East Pastoral Lease.
Background
On 31 January 2001, the second applicant made a native title determination application over the land and waters which were the subject of several future act notices under s 29 of the Native Title Act 1993 (Cth) (NTA). This application was designated NTD6005/2001. The application area covered part of the Banka Banka East Pastoral Lease. On 19 December 2017, the first applicant made a native title application within the bounds of the Banka Banka East Pastoral Lease. This application was designated NTD60/2017. On 11 August 2020, the Court made orders under s 67 of the NTA joining into one proceeding NTD60/2017, and the parts of NTD6005/2001 which overlap NTD60/2017.
Decision
The applicant and respondents to the joint proceeding reached an agreement as to the terms of a proposed determination of native title in relation to the land and waters covered by the application. In accordance with ss 87(1)(a)(i), 87A(1)(b) and 87A(2) of the NTA, the parties filed with the Court their signed agreement in writing. Pursuant to ss 87, 87A and 94A the terms of the parties’ agreement involve the making of consent orders for a determination that native title exists in relation to the determination area. The parties acknowledged that the effect of making a determination of native title in the proposed terms was that members of the claim group in relation to NTD60/2017 would be recognised as native title holders. This consent determination resolves NTD60/2017 in its entirety and the overlapping part of NTD6005/2001.