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 1,948 square kilometres near Borroloola in the Northern Territory. The area covers the entirety of the Pungalina Pastoral Lease.
The claim was first filed on 4 December 2013 and amended on 28 October 2015. The 10 estate groups (native title holders) are Jimanyi (Mambaliya), Wandikala (Mambaliya), Kangaroo Creek (Mambaliya), Little Ngalanja (Wurdaliya), Jajinguji (Wurdaliya), Narkuna (Wurdaliya), Walburruku (Wuyaliya), Bawanda (Wuyaliya), Wajalibi (Rrumburriya), and Judijina (Rrumburriya).
The respondent parties included the Northern Territory government, Armour Energy Limited and Australian Wildlife Conservancy.
A number of applications were heard together due to proximity, all being in the area bounded by the Queensland-Northern Territory border and coast of the Gulf of Carpentaria running from the border west or north-west towards Booroloola.
Mansfield J noted that, at [6] ‘This is an occasion when the Court is to make orders declaring that the groups of Aboriginal persons in the current applications were and are the traditional owners of that land. By the Court’s orders, the Australian community collectively recognises that status. It is important to emphasise that the Court’s orders do not grant that status. The Court is declaring that it exists and has always existed at least since European settlement.’
Rights and interests
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 Pastoral Lease No. 774.
The parties also agreed to recognise non-exclusive native title rights and interests in areas covered by stock routes and stock reserves, at [34]. Members of neighbouring estate groups’ non-exclusive native title rights and interest in the area were also recognised.
The prescribed body corporate is the Top End (Default PBC/CLA) Aboriginal Corporation RNTBC.