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 Helen Springs 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 Helen Springs Pastoral Lease. On 21 May 2001, the third applicant made an application over the land and waters which were the subject of other future act notices under s 29. This application was designated NTD6038/2001 and also covered part of the Helen Springs Pastoral Lease.
Decision
On 8 September 2011, the first applicant made an application over all the land and waters within the bounds of the Helen Springs Pastoral Lease. This application was designated NTD32/2011. On 11 August 2020, the Court made orders under s 67 of the NTA joining into one proceeding NTD32/2011, and the parts of NTD6005/2001 and NTD 6038/2001 which overlap NTD32/2011. All the parties involved 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. This determination resolved NTD32/2011 in its entirety, while only resolving the parts of the other applications that were in the overlap area.
The parties sought a determination that the determination area comprise the whole or part of seven estates held respectively by members of seven different estate groups. The evidentiary material and the statement of facts indicated that there was a sound and rational basis for a consent determination to be made under s 87 of the NTA. The Court made orders accordingly, acknowledging native title across the seven different estate groups.