White J
On 12 November 2013, the applicant made a native title determination application over land and waters within the bounds of the Nutwood Downs Pastoral Lease. The applicant and respondents reached an agreement within the meaning of s 87(1)(a) of the Native Title Act 1993 (Cth) (NTA) as to the terms of a proposed determination of native title. The parties filed their agreement in writing in accordance with s 87(1)(b) of the NTA. Pursuant to ss 87 and 94A of the NTA, the parties’ agreement involved 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 the determination is the native title claim group is recognised as the native title holders for the determination area.
Decision
The Court made orders according to the agreement between the parties. Clause 5-8 of the proposed determination identified the native title holders to be the members of five estate groups associated with the Alawa language group, with the particular country of each estate group being largely in different parts of the Nutwood Downs Pastoral Lease. The determination also identified by character the infrastructure and other public works in the determination area that had wholly extinguished native title. The Court held that the parties were at liberty to apply to establish precise locations and boundaries of any public works and adjacent land and waters in accordance with the agreement, to determine where native title may have been extinguished.