Rares J
In this case non-exclusive native title rights to 52 parcels of land totalling 7.2 square kilometres on the North Coast of NSW were determined by consent. The Bandjalang RNTBC was nominated as the common law holder of the Bandjalang people’s native title rights and interests. Rares J made the orders requested by the agreement.
Background
This claim followed a larger claim by the same applicants in 2013 (Bandjalang People No 1 and No 2 v Attorney-General of New South Wales [2013] FCA 1278).
Decision
The Court considered whether a particular site, held as freehold by a bank and later transferred to Bogal Land Council, was captured by s 47A of the Native Title Act 1993 (Cth) (NTA) with the legal consequence that the extinguishment of native title rights by the freehold title could be disregarded. The Court held that it did fall within s 47A on the basis of the transfer to the land council and the agreement of the parties.
The Court held that the proposed orders complied with the requirements of ss 94A and 225 of the NTA. The nonexclusive rights granted were: the right to hunt, fish and gather resources, take and use resources, access and camp, conduct ceremonies, teach the attributes of places and areas of importance and access and maintain sites of significance to protect them from physical harm.