Jungarrayi on behalf of the Mirtartu, Warupunju, Arrawajin and Tijampara Landholding Groups v Northern Territory of Australia [2011] FCA 766

Jungarrayi on behalf of the Mirtartu, Warupunju, Arrawajin and Tijampara Landholding Groups v Northern Territory of Australia [2011] FCA 766

The Court was satisfied that the requirements of s 87 were met: the s 66 notice period had expired, the parties had reached and filed written agreed terms, the proposed order was within power because the application was valid, there was no approved determination over the area and the terms complied with ss 94A and 225, and it was appropriate to make the orders because all parties were legally represented, the Northern Territory had actively assessed and negotiated the determination, and the agreement was free and informed.

Jurisdiction
Australia
Judgment Date
14 July 2011
Procedural Posture
Native Title Determination Application / Consent Determination Under S 87 of the Native Title Act 1993 (cth)
Outcome
Native title determination made by consent; native title exists in the Determination area except in areas where native title has been wholly extinguished; no order as to costs.
Legal Topics
['consent Determination' 'native Title Rights and Interests' 'prescribed Body Corporate' 'pastoral Lease' 'other Interests']
['native Title'] ['consent Determination' 'native Title Rights and Interests' 'prescribed Body Corporate' 'pastoral Lease' 'other Interests']

Case Brief

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Procedural Posture

Native Title Determination Application / Consent Determination Under S 87 of the Native Title Act 1993 (cth)

Legal Issues

  1. 1 ['Whether the conditions in s 87 of the Native Title Act 1993 (Cth) were satisfied so that the Court could make a determination of native title by consent without holding a hearing.' "Whether it was appropriate for the Court to make orders in terms of the parties' agreement." 'Whether an Aboriginal corporation should be nominated as the prescribed body corporate because native title was not to be held on trust.']

Ratio Decidendi

The Court was satisfied that the requirements of s 87 were met: the s 66 notice period had expired, the parties had reached and filed written agreed terms, the proposed order was within power because the application was valid, there was no approved determination over the area and the terms complied with ss 94A and 225, and it was appropriate to make the orders because all parties were legally represented, the Northern Territory had actively assessed and negotiated the determination, and the agreement was free and informed.

Court Disposition

Native title determination made by consent; native title exists in the Determination area except in areas where native title has been wholly extinguished; no order as to costs.

Orders

  • ['There be a determination of native title in the terms of the Determination set out in the orders.' 'The native title is not to be held on trust.' 'An Aboriginal corporation whose name is to be provided within 12 months, or such further time as the Court may allow, is to be the prescribed body corporate for the...