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Miller v Northern Territory of Australia [2015] FCA 1251

Year
2015
Jurisdiction
Northern Territory
Forum
Federal Court
Legislation considered
s 87 Native Title Act 1993 (Cth)
Summary

Mansfield J

In this decision, Mansfield J made orders by consent recognising the native title rights and interests of two estate groups in relation to land and waters covering approximately 4,342 square kilometres near Borroloola in the Northern Territory. The area covers the entirety of the Mallapunyah Springs Pastoral Lease (Perpetual Pastoral Lease No. 1075). The claim was filed on 30 July 2014. The estate groups (native title holders) are the Rrumburriya Mararabarna and Wuyaliya Warrgi estate groups. The respondents in this case were the Northern Territory of Australia, Mallapunyah Springs Pty Ltd, Go West Cattle Co Pty Ltd, Battlin Cattle Co Pty Ltd, Ripple Resources Pty Ltd, Armour Energy Ltd, and Tamboran (Beetaloo) Pty Ltd.

The non-exclusive native title rights and interests recognised include rights to access the area to live; camp; light fires for domestic purposes; conduct cultural activities; maintain and protect sites of cultural significance; hunt, fish and gather and take natural resources, including natural water, but does not include water captured by the holder of Perpetual Pastoral Lease No. 1075.

Members of neighbouring estate groups' non-exclusive native title rights in the area were also recognised. 

The prescribed body corporate is the Top End (Default PBC/CLA) Aboriginal Corporation RNTBC.