White J
This case concerned a consent determination under s 87 of the Native Title Act 1993 (Cth) (’NTA’) . The claim was brought on behalf of eight estate groups: the Guyal Manaburru, Burdal Mingkanyi, Burdal Riley, Murrungun Wunubari, Murrungun Baluganda/Langgabany, Mambali Walangara, Mambali Ngubayin and Mambali Nangguya estate groups. The parties to the proceedings were the native title claimants and the Northern Territory.
Procedural History
The applicants filed a claim for a determination of native title over lands and waters within the boundaries of the former Nathan River Pastoral Lease in the Gulf Region of the Northern Territory on 1 August 2017. The Nathan River Lease is approximately 3, 690km2. The parties subsequently agreed to a determination by consent.
Rights and Interests
The native title rights and interests recognised included the right to travel over and access areas, hunt and fish, gather and use natural resources, take and use natural water, live, camp and erect shelters, light fires, conduct cultural activities, ceremonies and meetings and maintain and protect sites. The rights and interests of several third parties were also recognised, and were held to prevail over, but not extinguish, the native title rights of the claimants.
Prescribed Body Corporate
The Top End Aboriginal Corporation was appointed as the Prescribed Body Corporate. White J was satisfied that it was appropriate to make the agreed determination having regard to the fact that the parties were legally represented and there were no other proceedings before the Court relating to native title determination applications over the area.