Mortimer J
In this consent determination, Mortimer J recognised the non-exclusive native title rights and interests of the Alyawarr and Kaytetye people over lands and waters located in the Sandover region of the Northern Territory. This area is covered by the Ammaroo, Derry Downs, Elkedra, and Murray Downs pastoral leases.
The native title claim group comprises people who identify as members of one or more of the 19 estate areas associated with 20 landholding groups. The applicant, the Northern Territory and three pastoral respondents reached an agreement and sought orders by consent for a determination of native title under s 87 of the Native Title Act 1993 (Cth) (NTA).
Rights and Interests
The non-exclusive native title rights and interests recognised include the right to:
access and travel over any part of the land and waters;
live on the land, camp, erect shelters and other structures;
hunt, gather and fish;
take and use the natural resources of the land and waters;
light fires for domestic purposes, but not for the clearance of vegetation;
access and maintain and protect sites and places on or in the land and waters that are important under traditional laws and customs;
conduct and participate in cultural activities, ceremonies and meetings;
teaching the physical and spiritual attributes of sites and places that are important under traditional laws and customs,
privacy in the exercise and enjoyment of those activities;
speak for and make decisions about the use and enjoyment of the land and waters by Aboriginal people who recognise themselves to be governed by the traditional laws and customs acknowledged by the native title holders; and
share or exchange natural resources.
The native title rights and interests are for the personal or communal needs of the native title holders which are of a domestic or subsistence nature and not for any commercial or business purpose.
Consideration
Mortimer J considered the evidence of a freely entered and informed agreement and referred to the material that formed the basis for the parties’ agreement. Her Honour was satisfied that the requirements of s 225 and s 223 NTA were met by reference to evidence contained in an anthropological report by Craig Elliott and Dr Natalie Kwok which provided a comprehensive analysis of the landholding groups, history of occupation and a description of the laws and customs relevant to rights and interests in the claim area, post-first European contact history and a section on earlier land claims in the region.
Nominated PBC
Kaytetye Alyawarr Awenyerraperte Ingkerr-wenh Aboriginal Corporation is to be the Prescribed Body Corporate.
The native title is not to be held on trust for the Alyawarr and Kaytetye People.