Mansfield J
In this matter, Mansfield J made orders by consent recognising the native title rights and interests of six estate groups in relation to land and waters covering approximately 2,344 square kilometres near Borroloola in the Northern Territory. The area covers the entirety of the Spring Creek Pastoral Lease (Pastoral Lease No. 687). The claim was first filed on 20 December 2013 and amended on 28 October 2015. The six estate groups (native title holders) are Jiningina (Wuyaliya),Garambarini (Wurdaliya), Wearyan (Mambaliya), Mambu (Mambaliya), Mimbiri (Mambaliya), and Fletcher Creek (Wuyaliya). The respondents in this case included the Northern Territory government, Ripple Resources Pty Ltd, Armour Energy Limited, James Mawson and others as holders of Pastoral Lease No. 687.
In relation to Pastoral Lease No. 687, the exclusive native title rights and interests recognised include:
the right to possession, occupation, use and enjoyment of that part of the Determination Area described in Schedule A to the exclusion of all others, except in relation to flowing and subterranean waters.
in relation to flowing and subterranean waters, the right to use those waters including the right to:
hunt on, gather, and fish from; and
take and use;
the flowing and subterranean waters in accordance with the traditional laws and customs for personal and communal needs of the native title holders which are of a domestic or subsistence nature and not for any commercial or business purpose.
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 Pastoral Lease No. 687.
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.