Japalyi v Northern Territory of Australia [2014] FCA 421

Japalyi v Northern Territory of Australia [2014] FCA 421

The Court made the consent determination because the procedural requirements of s 87A were satisfied, the proposed determination met the requirements of ss 94A and 225, the evidence and the Northern Territory's assessment supported the existence of native title rights and interests under s 223 for the specified estate group members, and it was appropriate to give effect to the parties' agreement.

Jurisdiction
Australia
Judgment Date
07 May 2014
Procedural Posture
Native Title Determination Application / Consent Determination Under S 87 a of the Native Title Act 1993 (cth)
Outcome
Consent determination of native title made; proceedings otherwise dismissed; no order as to costs.
Legal Topics
['consent Determination' 'section 87 a of the Native Title Act 1993 (cth)' 'exclusive Native Title Rights and Interests' 'prescribed Body Corporate' 'extinguishment by Public Works']
['native Title'] ['consent Determination' 'section 87 a of the Native Title Act 1993 (cth)' 'exclusive Native Title Rights and Interests' 'prescribed Body Corporate' 'extinguishment by Public Works']

Case Brief

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Procedural Posture

Native Title Determination Application / Consent Determination Under S 87 a of the Native Title Act 1993 (cth)

Legal Issues

  1. 1 ['Whether the proposed consent determination of native title was within the power of the Court under s 87A of the Native Title Act 1993 (Cth).' 'Whether it was appropriate for the Court to make the proposed determination by consent.' 'Whether the proposed determination satisfied the requirements of ss 94A, 223 and 225 of the Native Title Act 1993 (Cth).' 'Whether the nominated native title holders had maintained substantially uninterrupted acknowledgement and observance of traditional laws and customs in relation to the determination area.']

Ratio Decidendi

The Court made the consent determination because the procedural requirements of s 87A were satisfied, the proposed determination met the requirements of ss 94A and 225, the evidence and the Northern Territory's assessment supported the existence of native title rights and interests under s 223 for the specified estate group members, and it was appropriate to give effect to the parties' agreement.

Court Disposition

Consent determination of native title made; proceedings otherwise dismissed; no order as to costs.

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.' 'Gurindji Aboriginal Corporation is to be the prescribed body corporate for the purposes of section 57(2) of the Act and to perform the functions outlined in section 57(3) of the...