Mumu v Northern Territory of Australia [2023] FCA 288

Mumu v Northern Territory of Australia [2023] FCA 288

The court is satisfied that the requirements of s 87 of the Native Title Act 1993 (Cth) have been met, including the authorisation of the application, agreement on terms, and assessment by the Northern Territory of Australia of the factual basis for native title. It is appropriate to recognise the existence of native title in the Determination Area, held by the native title holders as specified, and to make the orders sought without a trial. The Iyangka Kularta Aboriginal Corporation is determined as the prescribed body corporate. The determination recognises long-held native title, not its creation.

Jurisdiction
Australia
Judgment Date
05 April 2023
Procedural Posture
Native Title Determination Application / Judgment and Orders on Consent Determination
Outcome
Determination of native title by consent; orders made as per parties’ agreement.
Legal Topics
['consent Determination' 'requirements of S 87 of the Native Title Act 1993 (cth)' 'recognition of Native Title Holders' 'non Exclusive Native Title Rights' 'prescribed Body Corporate Nomination' 'relationship With Other Interests']
['native Title'] ['consent Determination' 'requirements of S 87 of the Native Title Act 1993 (cth)' 'recognition of Native Title Holders' 'non Exclusive Native Title Rights' 'prescribed Body Corporate Nomination' 'relationship With Other Interests']

Case Brief

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Procedural Posture

Native Title Determination Application / Judgment and Orders on Consent Determination

Legal Issues

  1. 1 ['Whether the requirements of s 87 of the Native Title Act 1993 (Cth) are satisfied for a consent determination.' 'Whether it is appropriate for the court to make the orders sought pursuant to s 87 and s 94A of the NTA.' 'Whether the application is validly authorised and within the court’s power to determine.']

Ratio Decidendi

The court is satisfied that the requirements of s 87 of the Native Title Act 1993 (Cth) have been met, including the authorisation of the application, agreement on terms, and assessment by the Northern Territory of Australia of the factual basis for native title. It is appropriate to recognise the existence of native title in the Determination Area, held by the native title holders as specified, and to make the orders sought without a trial. The Iyangka Kularta Aboriginal Corporation is determined as the prescribed body corporate. The determination recognises long-held native title, not its creation.

Court Disposition

Determination of native title by consent; orders made as per parties’ agreement.

Orders

  • ['There be a determination of native title in the terms of the Determination set out at Attachment A.' 'Native title is not to be held on trust.' 'Iyangka Kularta Aboriginal Corporation (ICN: 9136) to be the prescribed body corporate for purposes of s 57(2) and perform functions in s 57(3) of the NTA after...