Hayes v Northern Territory [1999] FCA 1248

Hayes v Northern Territory [1999] FCA 1248

Native title exists in relation to the whole or part of 113 of the 166 claimed areas because the evidence established that Aboriginal persons descended from the original Arrernte inhabitants of the Mparntwe, Antulye and Irlpme estates, recognised by the respective apmereke-artweye and kwertengerle, possess rights and interests under traditional laws and customs in those estates. The evidence did not support exclusive possession, occupation, use and enjoyment to the exclusion of all others. Native title was extinguished in other areas by prior extinguishing acts including specified leases, freehold grants, public works, and inconsistent reservations or uses, but not by the Northern...

Jurisdiction
Australia
Judgment Date
09 September 1999
Procedural Posture
Claimant Application for Determination of Native Title Under the Native Title Act 1993 (cth) / Reasons for Judgment, Draft Proposed Determination, Request Under S 56 and Directions Before Final Determination
Outcome
Native title found to exist in relation to some, but not all, of the claimed land; draft determination published and parties directed to confer before final determination.
Legal Topics
['identification of Native Title Holders' 'traditional Laws and Customs' 'extinguishment of Native Title' 'pastoral Leases' 'previous Exclusive Possession Acts' 'public Works' 'reservations and Setting Aside of Land' 'native Title Act 1993 (cth) S 47 B' 'form of Native Title Determination']
['native Title' 'aboriginal and Torres Strait Islander Peoples' 'property Law' 'land Tenure' 'administrative Law'] ['identification of Native Title Holders' 'traditional Laws and Customs' 'extinguishment of Native Title' 'pastoral Leases' 'previous Exclusive Possession Acts' 'public Works' 'reservations and Setting Aside of Land' 'native Title Act 1993 (cth) S 47 B' 'form of Native Title Determination']

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Procedural Posture

Claimant Application for Determination of Native Title Under the Native Title Act 1993 (cth) / Reasons for Judgment, Draft Proposed Determination, Request Under S 56 and Directions Before Final Determination

Legal Issues

  1. 1 ['Whether native title exists in relation to 166 separate parcels of land and waters in and near Alice Springs.' 'Who the persons or groups holding the common or group rights comprising the native title are.' 'What traditional laws and customs apply to the claimed land and waters and what native title rights and interests they support.' 'Whether the native title rights and interests confer possession, occupation, use and enjoyment to the exclusion of all others.' 'Whether native title was extinguished by pastoral leases, other leases, freehold grants, public works, reservations, licences, statutory regimes or land uses.' 'Whether s 47B of the Native Title Act 1993 (Cth) required prior extinguishment to be disregarded for occupied unalienated and unreserved Crown land.' 'What form of determination of native title should be made.']

Ratio Decidendi

Native title exists in relation to the whole or part of 113 of the 166 claimed areas because the evidence established that Aboriginal persons descended from the original Arrernte inhabitants of the Mparntwe, Antulye and Irlpme estates, recognised by the respective apmereke-artweye and kwertengerle, possess rights and interests under traditional laws and customs in those estates. The evidence did not support exclusive possession, occupation, use and enjoyment to the exclusion of all others. Native title was extinguished in other areas by prior extinguishing acts including specified leases, freehold grants, public works, and inconsistent reservations or uses, but not by the Northern...

Court Disposition

Native title found to exist in relation to some, but not all, of the claimed land; draft determination published and parties directed to confer before final determination.

Orders

  • ["The parties confer with a view to reaching agreement as to the final form of a determination of native title consistent with the Court's findings as expressed in its reasons for judgment published on 9 September 1999." 'In the event that the parties agree upon the form of the determination, a minute of such agreed...