Henderson on behalf of the Bamayu (Wurwanawanji-Yarrayarra), Bamayu (Titirlku), Marlinja, Ngapa Jangirulu, Walanypirri and Wilyuku Groups v Northern Territory of Australia (Powell Creek Pastoral Lease Proceeding) [2020] FCA 1550

Henderson on behalf of the Bamayu (Wurwanawanji-Yarrayarra), Bamayu (Titirlku), Marlinja, Ngapa Jangirulu, Walanypirri and Wilyuku Groups v Northern Territory of Australia (Powell Creek Pastoral Lease Proceeding) [2020] FCA 1550

The requirements of ss 87 and 87A of the Native Title Act 1993 (Cth) for a consent determination, including proper process, agreement of all parties, valid applications, and compliance with s 225, are satisfied—the orders sought are appropriate, and a determination of native title may be made by consent over the specified area.

Jurisdiction
Australia
Judgment Date
28 October 2020
Procedural Posture
Application for Native Title Determination / Consent Judgment
Outcome
Determination of native title by consent granted.
Legal Topics
['consent Determination' 'requirements Under Native Title Act 1993 (cth) Ss 87 and 87 A' 'determination of Native Title' "parties' Agreement"]
['native Title'] ['consent Determination' 'requirements Under Native Title Act 1993 (cth) Ss 87 and 87 A' 'determination of Native Title' "parties' Agreement"]

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Procedural Posture

Application for Native Title Determination / Consent Judgment

Legal Issues

  1. 1 ['Whether the requirements under ss 87 and 87A of the Native Title Act 1993 (Cth) for a consent determination of native title are satisfied' 'Whether it is appropriate for the Court to make a determination of native title by consent over the specified area']

Ratio Decidendi

The requirements of ss 87 and 87A of the Native Title Act 1993 (Cth) for a consent determination, including proper process, agreement of all parties, valid applications, and compliance with s 225, are satisfied—the orders sought are appropriate, and a determination of native title may be made by consent over the specified area.

Court Disposition

Determination of native title by consent granted.

Orders

  • ['There be a determination of native title in terms of the Determination set out by the Court.' 'The native title is not to be held on trust.' 'The Top End (Default PBC/CLA) Aboriginal Corporation RNTBC be appointed as the prescribed body corporate for the determination area.' 'There be no order as to costs.'...