Foster on behalf of the Jalajirrpa, Kunapa and Pirrtangu Groups v Northern Territory of Australia (Banka Banka East Pastoral Lease Proceeding) [2020] FCA 1548

Foster on behalf of the Jalajirrpa, Kunapa and Pirrtangu Groups v Northern Territory of Australia (Banka Banka East Pastoral Lease Proceeding) [2020] FCA 1548

The Federal Court, having reviewed the parties' agreement, evidence and submissions, and being satisfied that all requirements under ss 87 and 87A of the Native Title Act are met, determines by consent that native title exists in the Determination Area for the Jalajirrpa, Kunapa, and Pirrtangu estate groups. The determination reflects proper assessment by all parties, clear definition of rights, and recognition under traditional laws and customs.

Parties
First Applicant: Tony Foster; Second Applicant: Annie Morrison; Third Applicant: Harry Morrison; Fourth Applicant: Gordon Noonan; Fifth Applicant: Ian Waistcoat; Sixth Applicant: Lennie Williams; First Applicant (banka Banka Part A): Archie Allen; Second Applicant (banka Banka Part A): Leo Dixon; Third Applicant (banka Banka Part A): Day Day Frank; Fourth Applicant (banka Banka Part A): Marc Johnny; Fifth Applicant (banka Banka Part A): Elizabeth Johnson; Sixth Applicant (banka Banka Part A): Harry Morrison; Seventh Applicant (banka Banka Part A): Gordon Noonan; Eighth Applicant (banka Banka Part A): Henry Norris; Ninth Applicant (banka Banka Part A): Dianne Stokes; First Respondent: Northern Territory of Australia; Second Respondent: OM (Manganese) Ltd
Jurisdiction
Australia
Judgment Date
28 October 2020
Procedural Posture
Native Title Determination / Final Determination by Consent
Outcome
determination of native title by consent
Legal Topics
Consent Determination, Requirements Under Ss 87 and 87 a Native Title Act, Appointment of Prescribed Body Corporate, Native Title Rights and Interests, Relationship Between Native Title and Other Interests
Native Title Consent Determination Requirements Under Ss 87 and 87 a Native Title Act Appointment of Prescribed Body Corporate Native Title Rights and Interests Relationship Between Native Title and Other Interests

Case Brief

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Parties

Tony Foster

First Applicant

Annie Morrison

Second Applicant

Harry Morrison

Third Applicant

Gordon Noonan

Fourth Applicant

Ian Waistcoat

Fifth Applicant

Lennie Williams

Sixth Applicant

Archie Allen

First Applicant (banka Banka Part A)

Leo Dixon

Second Applicant (banka Banka Part A)

Day Day Frank

Third Applicant (banka Banka Part A)

Marc Johnny

Fourth Applicant (banka Banka Part A)

Elizabeth Johnson

Fifth Applicant (banka Banka Part A)

Harry Morrison

Sixth Applicant (banka Banka Part A)

Gordon Noonan

Seventh Applicant (banka Banka Part A)

Henry Norris

Eighth Applicant (banka Banka Part A)

Dianne Stokes

Ninth Applicant (banka Banka Part A)

Northern Territory of Australia

First Respondent

OM (Manganese) Ltd

Second Respondent

Procedural Posture

Native Title Determination / Final Determination by Consent

Legal Issues

  1. 1 Is the Court satisfied that the requirements under ss 87 and 87A of the Native Title Act 1993 (Cth) are met for making a consent determination?
  2. 2 Has the evidence provided a sound rational basis for recognising native title for the estate groups?
  3. 3 Are the native title rights and interests and their relationship with other interests appropriately defined?

Ratio Decidendi

The Federal Court, having reviewed the parties' agreement, evidence and submissions, and being satisfied that all requirements under ss 87 and 87A of the Native Title Act are met, determines by consent that native title exists in the Determination Area for the Jalajirrpa, Kunapa, and Pirrtangu estate groups. The determination reflects proper assessment by all parties, clear definition of rights, and recognition under traditional laws and customs.

Court Disposition

determination of native title by consent

Orders

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