The Alyawarr, Kaytetye, Warumungu, Wakay Native Title Claim Group v Northern Territory of Australia [2004] FCA 472

The Alyawarr, Kaytetye, Warumungu, Wakay Native Title Claim Group v Northern Territory of Australia [2004] FCA 472

Native title exists in relation to Northern Territory Portions 4386 and 4387 and the Town of Hatches Creek, held communally by members of seven specified Aboriginal landholding groups and their spouses and recognised adoptees, subject to non-exclusive and exclusive rights as ordered and to the extent not...

Source-derived case information.

Parties
Applicant: The Alyawarr, Kaytetye, Warumungu, Wakay Native Title Claim Group; First Respondent: Northern Territory of Australia; Second Respondent: Conservation Land Corporation
Jurisdiction
Australia
Judgment Date
23 April 2004
Procedural Posture
Native Title Determination / Judgment and Orders
Outcome
Native title determination granted in part; native title exists in determination area subject to exclusions and limitations.
Legal Topics
Extinguishment of Native Title, Aboriginal Traditional Rights, Exclusive and Non Exclusive Possession, Statutory Validation of Acts, Connection to Land at Sovereignty, Public Works Exclusions
Native Title Aboriginal Law Property Law Extinguishment of Native Title Aboriginal Traditional Rights Exclusive and Non Exclusive Possession Statutory Validation of Acts Connection to Land at Sovereignty +1 more

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Summary, issues, holding and outcome

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Parties

The Alyawarr, Kaytetye, Warumungu, Wakay Native Title Claim Group

Applicant

Northern Territory of Australia

First Respondent

Conservation Land Corporation

Second Respondent

Procedural Posture

Native Title Determination / Judgment and Orders

Legal Issues

  1. 1 Whether claimants had connection with the claim area at sovereignty and continuance
  2. 2 Whether the claimants constitute a single community for holding native title
  3. 3 Nature and extent of rights (exclusive or not exclusive)

Ratio Decidendi

Native title exists in relation to Northern Territory Portions 4386 and 4387 and the Town of Hatches Creek, held communally by members of seven specified Aboriginal landholding groups and their spouses and recognised adoptees, subject to non-exclusive and exclusive rights as ordered and to the extent not extinguished by valid pastoral leases, grazing licences, Crown Lease Perpetual No 1117, and prior exclusive possession acts (public works); native title rights continue to exist but have no effect to the extent of inconsistency with other valid interests.

Court Disposition

Native title determination granted in part; native title exists in determination area subject to exclusions and limitations.

Orders

  • Native title exists in relation to the determination areas (Northern Territory Portions 4386 and 4387 and the Town of Hatches Creek).
  • Rights are held communally by Aboriginal persons of the seven landholding groups, their spouses, adoptees, as detailed.