White J
The applications which are the subject of this judgment are part of a group of applications known as the Bank 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 West Pastoral Lease.
Background
On 31 January 2001, the Second Applicant made a native title 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 NTD6005/2001 and covers part of the Banka Banka West Pastoral Lease. On 19 December 2017, the First Applicant made a native title application within the bounds of the Banka Banka West Pastoral Lease (NT Portion 7048), NT Portion 5156, NT Portion 5677, NT Portion 5679 and NT Portion 624. This application was designated NTD61/2017. On 11 August 2020, the Court made orders pursuant to s 67 of the NTA which required NTD61/2017 and the overlapping part of NTD6005/2001 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 acknowledge that the effect of making a determination of native title in the proposed terms was that members of the claim group in relation to NTD61/2017 be recognised as native title holders. This determination resolved NTD61/2017 in its entirety and the overlapping part of NTD6005/2001.