Saltmere on behalf of the Indjalandji-Dhidhanu People v Northern Territory of Australia (Rocklands Pastoral Lease Proceeding) [2022] FCA 1040

Saltmere on behalf of the Indjalandji-Dhidhanu People v Northern Territory of Australia (Rocklands Pastoral Lease Proceeding) [2022] FCA 1040

The Court made the consent orders and determination because the agreements had been reduced to writing, signed and filed, the relevant notice requirements had been met, all relevant parties had notice, the proposed determination did not overlap another application or existing determination, the determination addressed the matters required by s 225, the rights and interests were recognisable by the common law, and the agreed facts and submissions provided a probative basis showing that it was appropriate to make the orders.

Jurisdiction
Australia
Judgment Date
08 September 2022
Procedural Posture
Native Title Determination Application / Application for Consent Orders and a Consent Determination of Native Title Under Ss 87 and 87 a of the Native Title Act 1993 (cth)
Outcome
Consent determination of native title made; native title exists in the parts of the determination area identified in Schedule C and does not exist in the parts identified in Schedule D.
Legal Topics
['consent Determination of Native Title' 'rocklands Pastoral Lease' 'preconditions Under Ss 87 and 87 a of the Native Title Act 1993 (cth)' 'prescribed Body Corporate' 'partial Extinguishment of Native Title']
['native Title'] ['consent Determination of Native Title' 'rocklands Pastoral Lease' 'preconditions Under Ss 87 and 87 a of the Native Title Act 1993 (cth)' 'prescribed Body Corporate' 'partial Extinguishment of Native Title']

Case Brief

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Procedural Posture

Native Title Determination Application / Application for Consent Orders and a Consent Determination of Native Title Under Ss 87 and 87 a of the Native Title Act 1993 (cth)

Legal Issues

  1. 1 ['Whether the preconditions in ss 87 and 87A of the Native Title Act 1993 (Cth) were satisfied.' 'Whether the proposed orders and determination were within the power of the Court.' 'Whether it was appropriate to make the proposed orders and determination of native title.' 'Whether Indjalandji-Dhidhanu Aboriginal Corporation RNTBC should be appointed as the prescribed body corporate.']

Ratio Decidendi

The Court made the consent orders and determination because the agreements had been reduced to writing, signed and filed, the relevant notice requirements had been met, all relevant parties had notice, the proposed determination did not overlap another application or existing determination, the determination addressed the matters required by s 225, the rights and interests were recognisable by the common law, and the agreed facts and submissions provided a probative basis showing that it was appropriate to make the orders.

Court Disposition

Consent determination of native title made; native title exists in the parts of the determination area identified in Schedule C and does not exist in the parts identified in Schedule D.

Orders

  • ['There be a determination of native title in terms of the Determination set out in the orders.' 'The native title is not to be held on trust.' 'Indjalandji-Dhidhanu Aboriginal Corporation RNTBC (ICN 7791) be appointed as the prescribed body corporate for the purposes of s 57(2) of the Native Title Act 1993 (Cth) in...