In this matter, non-exclusive native title was determined by consent to exist over 1, 262 square kilometres of land and waters comprising the Buchanan Downs Pastoral Lease in the Sturt Plateau Pastoral District of the Northern Territory. The native title is held by the Narrwan, Ngayirrirni and Kinbininggu estate groups, and the Top End Aboriginal Corporation was appointed as the prescribed body corporate to hold the native title on an agency basis. Both respondents, the Northern Territory and the lease holder, Ms Henwood, consented to the determination.
Background
The claim was first filed in May 2015 on behalf of the Narrwan estate groups. The Ngayirrirni and the Kinbininggu estate groups were included in the application as a result of an amendment in April 2020. The claim was heard together with an application for native title over the adjacent Hidden Valley Pastoral Lease, determined in Dixon on behalf of the Narrwan and Badpa Estate Groups v Northern Territory of Australia [2020] FCA 1545.
Decision
White J gave effect to the agreement between the Northern Territory and the estate groups. The agreement recognised non-exclusive native title rights and interests to access and use the area, use and take resources for any purpose, protect sites and things, conduct cultural activities, light domestic fires, live and camp. Estate group members were determined by patrilineal descent, by parents being members, or through adoption. The rights of members’ spouses and neighbouring estate groups were also acknowledged. The rights in the agreement were deemed not to prevail over other co-existing interests in the area (particularly another lease holder and the AustralAsia Railway Corporation), however, native title would have full effect if those interests were removed. Native title was agreed to be wholly extinguished over roads that transected the area.
Satisfied that the agreement complied with s 87 of the Native Title Act 1993 (Cth) (NTA), White J formally recognised the native title determination as within the meaning of s 225 of the NTA.