Rrumburriya Borroloola Claim Group v Northern Territory of Australia (No 2) [2016] FCA 908

Rrumburriya Borroloola Claim Group v Northern Territory of Australia (No 2) [2016] FCA 908

The Court determined that the right of estate group members to access and take resources is unrestricted and not confined to domestic/subsistence purposes, and also addressed the principles of extinguishment reflected in specific orders over the determination area.

Parties
Applicant: Annie Isaac; Applicant: Dinah Norman; First Respondent: Northern Territory of Australia; Second Respondent: Commonwealth of Australia; Third Respondent: Borroloola Amateur Race Club Inc; Fourth Respondent: Borroloola Community Government Council; Fifth Respondent: Air Services Australia; Applicant: Wendy Roper; Applicant: Gordon Lansen; Applicant: Phillip Timothy; Applicant: Graham Friday; Applicant: Mavis Timothy
Jurisdiction
Australia
Judgment Date
11 August 2016
Procedural Posture
Native Title / Final Determination
Outcome
Native title determined; orders made recognising the Rrumburriya Borroloola Claim Group as holders of native title in the Town of Borroloola in accordance with the Orders.
Legal Topics
Native Title Determination, Extinguishment, Rights to Resources
Native Title Native Title Determination Extinguishment Rights to Resources

Case Brief

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Parties

Annie Isaac

Applicant

Dinah Norman

Applicant

Northern Territory of Australia

First Respondent

Commonwealth of Australia

Second Respondent

Borroloola Amateur Race Club Inc

Third Respondent

Borroloola Community Government Council

Fourth Respondent

Air Services Australia

Fifth Respondent

Wendy Roper

Applicant

Gordon Lansen

Applicant

Phillip Timothy

Applicant

Graham Friday

Applicant

Mavis Timothy

Applicant

Procedural Posture

Native Title / Final Determination

Legal Issues

  1. 1 Whether native title holders' right to access and take resources is unrestricted or confined to domestic/subsistence purposes
  2. 2 Whether native title is extinguished in certain areas

Ratio Decidendi

The Court determined that the right of estate group members to access and take resources is unrestricted and not confined to domestic/subsistence purposes, and also addressed the principles of extinguishment reflected in specific orders over the determination area.

Court Disposition

Native title determined; orders made recognising the Rrumburriya Borroloola Claim Group as holders of native title in the Town of Borroloola in accordance with the Orders.

Orders

  • There be a determination of native title in matters NTD 6014/2000 and 6003/2003 in the terms set out in the determination.
  • Native title is not to be held on trust.