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Jurluba v Northern Territory of Australia [2015] FCA 1248

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 four estate groups in relation to land and waters covering approximately 3,324 square kilometres near Borroloola in the Northern Territory. The area covers the whole of the Kiana Perpetual Pastoral Lease (Perpetual Pastoral Lease No. 1065). The claim as filed on 4 February 2014 and amended on 28 October 2015. The estate groups (native title holders) are Gulaurruna (Rrumburriya) Gudanji, Puzzle Creek (Mambaliya)  Gudanji, Welgutjara (Wuyaliya/Wurdaliya)  Garrwa  and Warrgi (Wurdaliya) Gudanji. The respondents in this case include Northern Territory of Australia, Armour Energy Limited, Ripple Resources Pty Ltd, and Oceanic Cattle Stations (Aust) Pty Ltd as trustee for the Kiana Farm Unit Trust..

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. 1065.

The parties also agreed to the recognition of non-exclusive native title rights and interests in areas covered by stock routes and stock reserves. 

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.