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 Powell Creek Pastoral Lease.
Background
On 21 May 2001, the Second Applicant made a native title determination application over land and waters which were the subject of several future act notices issued under s 29 of the Native Title Act 1993 (Cth) (NTA). This application was designated NTD6038/2001 and covered part of the Powell Creek Pastoral Lease. On 8 January 2018, the First Applicant made an application for native title over land and waters within the bounds of the Powell Creek Pastoral Lease, NT Portion 3721 and NT Portion 6154. This application was designated NTD1/2018. On 11 August 2020, the Court made orders pursuant to s 67 of the NTA that NTD1/2018 and the overlapping part of NTD6038/2001 be dealt with in the one proceeding.
Decision
The applicants and the respondents to the joint proceeding reached an agreement as to the terms of a proposed determination of native title. 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 NTD1/2018 would be recognised as native title holders. This consent determination resolved NTD1/2018 in its entirety, and the overlapping part of NTD6038/2001.