In this case the Court made a consent determination of native title under s 87 of the Native Title Act 1993 (Cth) (NTA) over an area of 5000 square kilometres within the boundary of the Jinka and Jervois pastoral leases in the Hart and Anatye areas of the central Northern Territory. The rights awarded included access, camping, hunting, gathering, fishing, taking and using natural resources, the right to access and maintain sites and places of importance and the right to conduct cultural activities on the land and water.
Background
The matter had previously been the subject of a separate questions hearing regarding whether the grant of a portion of land was a future act within s 233 of the NTA. The parties agreed that it was by consent orders of 18 March 2020.
Other Interests
It was agreed that to the extent that other rights and interests were inconsistent with the continued enjoyment or exercise of native title rights and interests, they would prevail over, but not extinguish, native title rights and interests.
Decision
Her Honour was satisfied that the procedural and substantive requirements of s 87 of the NTA had been met. The Ingkekure Aborignal Corporation was nominated as the Prescribed Body Corporate.