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Jack v Northern Territory of Australia [2015] FCA 1250

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 eight estate groups in relation to land and waters covering approximately 4,944 square kilometres near Borroloola in the Northern Territory. The area covers the entirety of the Calvert Hills Pastoral Lease (Perpetual Pastoral Lease No. 1169). The claim was filed on 30 July 2014. The estate groups (native title holders) are Bidida Wuyaliya, Welgutjara Wuyaliya/Wurdaliya, Julaganyi Wurdaliya, Binanda Wurdaliya, Burragalinya Wurdaliya/Wuyaliya, Barrgajina Rrumburriya, Jajinguji Wurdaliya, and Judujina Rrumburriya. The respondents in this case include the Northern Territory government, Armour Energy Limited, Telstra Corporation and McMillan Pastoral Company 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. 1169.

Members of neighbouring estate groups' native title rights and interests were also recognised. 

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