Skip to main content

Peter v Northern Territory of Australia [2015] FCA 1238

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 13 estate groups in relation to land and waters covering approximately 5,735 square kilometres near Borroloola in the Northern Territory. The area covers the entirety of the Wollogorang Pastoral Lease (Perpetual Pastoral Lease No. 1113). The claim was filed on 4 December 2013 and was amended on 5 November 2015. The 13 estate groups (native title holders) are Wajalibi (Rrumburriya),Thalmarrurrki(Mambaliya),Bujulina(Mambaliya), Julaji (Wurdaliya), Hobblechain Creek (Wurdaliya), Jimanyi (Mambaliya),Camel Creek (Rrumburriya), Lirrijpina (Mambaliya), Gold Creek (Wurdaliya), Jajinguji (Wurdaliya), Kudidiwalia (Wuyaliya), Jungalina (Rrumburriya), Binanda (Wurdaliya). The respondents were the Northern Territory of Australia, Armour Energy Limited and Wollogorang Cattle 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 holders of Perpetual Pastoral Lease No. 1113.

Non-exclusive native title rights and interest were recognised in areas covered by stock routes and stock reserves.

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

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