Kngwarraye on behalf of the members of the Arnerre, Wake-Akwerlpe, Errene and Ileyarne Landholding Groups v Northern Territory of Australia [2011] FCA 765

Kngwarraye on behalf of the members of the Arnerre, Wake-Akwerlpe, Errene and Ileyarne Landholding Groups v Northern Territory of Australia [2011] FCA 765

The criteria for making a consent determination under s 87 of the Native Title Act 1993 (Cth) are satisfied, including a free and informed agreement by all parties with competent legal representation, a valid application, and clear, unambiguous terms. It is within the Court's power and appropriate to make orders in the agreed terms, recognising native title in the determination area subject to other interests and provisions set out.

Parties
Applicants: Tommy Thompson Kngwarraye and others on behalf of the members of the Arnerre, Wake-Akwerlpe, Errene and Ileyarne Landholding Groups; First Respondent: Northern Territory of Australia; Second Respondents: Elizabeth Ann Frith and Charles Oliver Frith
Jurisdiction
Australia
Judgment Date
13 July 2011
Procedural Posture
Native Title Determination Application / Consent Determination Under S 87 Native Title Act 1993 (cth)
Outcome
Native title determination granted by consent
Legal Topics
Consent Determination Under S 87 of the Native Title Act 1993 (cth), Criteria for Native Title Consent Determination, Nomination of Prescribed Body Corporate, Recognition of Traditional Laws and Customs, Interests of Other Persons and Entities
Native Title Consent Determination Under S 87 of the Native Title Act 1993 (cth) Criteria for Native Title Consent Determination Nomination of Prescribed Body Corporate Recognition of Traditional Laws and Customs Interests of Other Persons and Entities

Case Brief

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Parties

Tommy Thompson Kngwarraye and others on behalf of the members of the Arnerre, Wake-Akwerlpe, Errene and Ileyarne Landholding Groups

Applicants

Northern Territory of Australia

First Respondent

Elizabeth Ann Frith and Charles Oliver Frith

Second Respondents

Procedural Posture

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

Legal Issues

  1. 1 Whether the criteria of s 87 Native Title Act 1993 (Cth) for making a native title determination by consent have been satisfied
  2. 2 Whether it is appropriate for the Court to make orders in terms of the parties' agreement

Ratio Decidendi

The criteria for making a consent determination under s 87 of the Native Title Act 1993 (Cth) are satisfied, including a free and informed agreement by all parties with competent legal representation, a valid application, and clear, unambiguous terms. It is within the Court's power and appropriate to make orders in the agreed terms, recognising native title in the determination area subject to other interests and provisions set out.

Court Disposition

Native title determination granted by consent

Orders

  • There be a determination of native title in terms of the Determination set out in the judgment.
  • Native title is not to be held on trust.