Sakurai v Northern Territory of Australia [2004] FCA 971

Sakurai v Northern Territory of Australia [2004] FCA 971

The application failed because the Northern Territory Aboriginal Sacred Sites Act (NT), including s 29 and registrations made under it, is capable of operating concurrently with the Native Title Act 1993 (Cth). The Native Title Act recognises and protects native title but does not confine or define Aboriginal rights or interests arising under traditional law, custom or statute. The Old Mt Bundy native title claim had not been determined and did not create any operational inconsistency. Even if native title in the relevant area were extinguished, sacred site registration under the Sacred Sites Act would not be rendered ineffective because that Act protects sites of Aboriginal traditional...

Jurisdiction
Australia
Judgment Date
28 July 2004
Procedural Posture
Application for Declarations Concerning Registered Sacred Sites, Exploration Licences and the Native Title Act 1993 (cth) / Reasons for Judgment After Hearing; Application Dismissed
Outcome
Application dismissed.
Legal Topics
['interaction Between Northern Territory Aboriginal Sacred Sites Act (nt) and Native Title Act 1993 (cth)' 'registered Sacred Sites' 'exploration Licences' 'inconsistency Between Commonwealth and Territory Laws' 'extinguishment of Native Title']
['native Title' 'aboriginal Cultural Heritage' 'mining and Resources' 'constitutional Law'] ['interaction Between Northern Territory Aboriginal Sacred Sites Act (nt) and Native Title Act 1993 (cth)' 'registered Sacred Sites' 'exploration Licences' 'inconsistency Between Commonwealth and Territory Laws' 'extinguishment of Native Title']

Case Brief

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Procedural Posture

Application for Declarations Concerning Registered Sacred Sites, Exploration Licences and the Native Title Act 1993 (cth) / Reasons for Judgment After Hearing; Application Dismissed

Legal Issues

  1. 1 ['Whether s 29 of the Northern Territory Aboriginal Sacred Sites Act (NT) or registrations of sacred sites under that Act were inconsistent with the Native Title Act 1993 (Cth).' 'Whether registration of the sacred sites was invalidated or rendered ineffective by the Old Mt Bundy native title claim.' 'Whether extinguishment of native title rights and interests would extinguish the traditional laws and customs sufficient to make a sacred site registration under s 29 of the Northern Territory Aboriginal Sacred Sites Act (NT) ineffective.' 'Whether the applicant could exercise exploration licence rights without complying with obligations relating to registered sacred sites.']

Ratio Decidendi

The application failed because the Northern Territory Aboriginal Sacred Sites Act (NT), including s 29 and registrations made under it, is capable of operating concurrently with the Native Title Act 1993 (Cth). The Native Title Act recognises and protects native title but does not confine or define Aboriginal rights or interests arising under traditional law, custom or statute. The Old Mt Bundy native title claim had not been determined and did not create any operational inconsistency. Even if native title in the relevant area were extinguished, sacred site registration under the Sacred Sites Act would not be rendered ineffective because that Act protects sites of Aboriginal traditional...

Court Disposition

Application dismissed.

Orders

  • ['The application was dismissed.']