Wandarang, Alawa, Marra and Ngalakan Peoples v Northern Territory of Australia [2004] FCAFC 187 (Consent Determination)

Wandarang, Alawa, Marra and Ngalakan Peoples v Northern Territory of Australia [2004] FCAFC 187 (Consent Determination)

By consent, the Court granted the Northern Territory an extension of time, upheld the appeal and amended cross-appeal in part, and varied the earlier determination so that native title exists in the specified determination area except for excluded areas, is held by the identified common law holders, is non-exclusive, excludes minerals and petroleum, and yields to inconsistent other rights and valid laws.

Jurisdiction
Australia
Judgment Date
03 June 2004
Procedural Posture
Native Title Consent Determination / Appeal and Cross Appeal Upheld in Part by Consent; Native Title Determination Varied
Outcome
Appeal and amended cross-appeal upheld in part by consent; determination of native title varied; each party to bear its own costs.
Legal Topics
['consent Determination' 'native Title Rights and Interests' 'non Exclusive Native Title' 'other Interests' 'prescribed Body Corporate']
['native Title'] ['consent Determination' 'native Title Rights and Interests' 'non Exclusive Native Title' 'other Interests' 'prescribed Body Corporate']

Case Brief

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Procedural Posture

Native Title Consent Determination / Appeal and Cross Appeal Upheld in Part by Consent; Native Title Determination Varied

Legal Issues

  1. 1 ['Whether the Northern Territory should be granted an extension of time to file and serve its notice of cross-appeal and amended notice of cross-appeal.' 'Whether the appeal and amended cross-appeal should be upheld in part by consent and the native title determination made on 14 November 2000 varied.' 'The identification of the common law holders and the nature and extent of native title rights and interests in the determination area.' 'The relationship between native title rights and interests and other rights and interests in the determination area.']

Ratio Decidendi

By consent, the Court granted the Northern Territory an extension of time, upheld the appeal and amended cross-appeal in part, and varied the earlier determination so that native title exists in the specified determination area except for excluded areas, is held by the identified common law holders, is non-exclusive, excludes minerals and petroleum, and yields to inconsistent other rights and valid laws.

Court Disposition

Appeal and amended cross-appeal upheld in part by consent; determination of native title varied; each party to bear its own costs.

Orders

  • ['The Northern Territory be granted an extension of time in which to file and serve its notice of cross-appeal and amended notice of cross-appeal from the judgement and orders of Justice Olney given and made on 14 November 2000 at Darwin.' 'By consent the appeal, and cross-appeal (as amended), are upheld in part and...