Apetyarr v Northern Territory of Australia [2014] FCA 1088

Apetyarr v Northern Territory of Australia [2014] FCA 1088

Given the agreement of the parties supported by anthropological evidence and affidavits, legal representation, compliance with statutory requirements, and careful investigation of interests, it is appropriate to make a determination under s 87 of the Native Title Act 1993 (Cth) recognising that the identified group holds non-exclusive native title rights and interests in the area specified, subject to the other rights and interests identified.

Jurisdiction
Australia
Judgment Date
14 October 2014
Procedural Posture
Native Title Determination Application / Consent Determination at First Instance
Outcome
Consent determination of native title made in favour of the applicants (Alyawarr and Kaytetye people) over specified lands and waters, recognising non-exclusive native title rights.
Legal Topics
['consent Determination Under S 87 Native Title Act' 'determination of Native Title Existence' 'definition of Claim Group' 'non Exclusive Native Title Rights' 'interaction With Pastoral and Statutory Interests']
['native Title' 'property Law' 'aboriginal and Torres Strait Islander Law'] ['consent Determination Under S 87 Native Title Act' 'determination of Native Title Existence' 'definition of Claim Group' 'non Exclusive Native Title Rights' 'interaction With Pastoral and Statutory Interests']

Case Brief

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Procedural Posture

Native Title Determination Application / Consent Determination at First Instance

Legal Issues

  1. 1 ['Whether a consent determination of native title is appropriate under s 87 of the Native Title Act 1993 (Cth)' 'Whether the requirements of s 223 and s 225 of the Native Title Act are satisfied' 'Whether those holding native title comprise a recognisable society observing traditional laws and customs giving rise to native title rights']

Ratio Decidendi

Given the agreement of the parties supported by anthropological evidence and affidavits, legal representation, compliance with statutory requirements, and careful investigation of interests, it is appropriate to make a determination under s 87 of the Native Title Act 1993 (Cth) recognising that the identified group holds non-exclusive native title rights and interests in the area specified, subject to the other rights and interests identified.

Court Disposition

Consent determination of native title made in favour of the applicants (Alyawarr and Kaytetye people) over specified lands and waters, recognising non-exclusive native title rights.

Orders

  • ['There be a determination of native title in terms of the determination set out in the judgment.' 'The native title is not to be held on trust.' 'Kaytetye Alyawarr Awenyerraperte Ingkerr-wenh Aboriginal Corporation to be the prescribed body corporate.' 'Parties have liberty to apply regarding boundaries of public...