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McDinny v Northern Territory of Australia [2015] FCA 1239

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 10 estate groups in relation to land and waters covering approximately 1,485 square kilometres near Borroloola in the Northern Territory. The area covers the entirety of the Manangoora Pastoral Lease (Perpetual Pastoral Lease No. 685). The claim was first on 20 December 2013 and amended on 28 October 2015. The estate groups (native title holders) are Wupunjawa-Marrinybul (Mambaliya), Rruwangkala-Wardawardala (Mambaliya), Kalajangku (Mambaliya), Wearyan River (Mambaliya), Poison Creek (Wurdaliya), Fletcher Creek (Wuyaliya), Maruwanmala (Wuyaliya), Wilyurru-Rabunthu (Wuyaliya), Manankurra-Nungkayarrinya (Rrumburriya), and Liwirndindila-Kalalaginda (Wurdaliya). The respondents in this case include the Northern Territory of Australia, Armour Energy Limited and members of the Anderson family.

The exclusive native title rights and interests recognised include:

the right to possession, occupation, use and enjoyment of that part of the Determination Area 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 their 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 Perpetual Pastoral Lease No. 685.

Members of neighbouring estate groups' native title interests in the area were also recognised.

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