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Freddie v Northern Territory [2017] FCA 867

Category: Agreement
Date: 3 August 2017
Sub Category:Consent Determination (Native Title Act)
Place:

Phillip Creek area

State/Country:Northern Territory, Australia
The Determination Area comprises NT portions 408, 5005, 5006, 5476 and 7025 and is more particularly described at Schedule A.
Legal Status:

Registered on the National Native Title Register.

Legal Reference: Federal Court No: NTD50/2014; National Native Title Tribunal File No: DCD2017/005
Alternative Names:
  • Phillip Creek Pastoral Lease
  • Subject Matter:Native Title
    URL: http://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FCA/2017/867.html
    Summary Information:

    Freddie v Northern Territory [2017] FCA 867.

    Between: Colin Freddie, Geoffrey Taylor, Janice Waistcoat, Lenny Williams, Michael Williams, Ronald Hughes, Sharon Bill, and William Stokes on behalf of the members of the Kankawarla, Kanturrpa, Jajinyarra, Linga, Patta, Pirrtangu, Purrurtu, Wapurru and Yurtuminyi Landholding groups (APPLICANTS) v Northern Territory of Australia, Alexander John and Katherine Louise Warby, Gowan Russell Carter and Jennifer Erica Cook (RESPONDENTS)

    JudgeMortimer J

    Where made: Victoria

    Determination

    Native title exists in parts of the determination area. The native title consists of non-exclusive rights and interests..

    Native title does not exist in those parts of the Determination Area that are covered by public works which were established before 23 December 1996. For more details see schedule C of the Determination.

    Native title is held by: members of the Kankawarla, Kanturrpa, Jajjinyarra, Linga, Patta, Pirrtangu, Purrutu, Wapurru and Yurtuminyi landholding groups

    Non-exclusive native title rights and interests in the Determination Area include:

    • the right to access and travel over any part of the land and waters;
    • the right to live on the land, and for that purpose to camp, erect shelters and other structures;
    • the right to hunt, gather and fish on the land and waters;
    • the right to take and use the natural resources of the land and waters;
    • the right to access, take and use natural water on or in the land, except water captured by the holders of Perpetual Pastoral Lease No 946;
    • the right to light fires for domestic purposes, but not for clearance of vegetation;
    • the right to share or exchange natural resources obtained on or from the land and waters including traditional items made from them;
    • the right to access and to maintain and protect sites and places on or in the land and waters that are important under traditional laws and customs;
    • the right to conduct and participate in cultural activities, ceremonies, meetings, cultural practices relating to birth and death (including burial rites) and teaching the physical and spiritual attributes of sites and places on the land and waters that areĀ  important under traditional laws and customs;
    • the right to make decisions about the use and enjoyment of the land and waters by aboriginal people who recognise themselves to be governed by the traditional laws and customs acknowledged by the native title holders. This right does not include the ability to control the access to the Determination Area of those people;
    • the right to be accompanied on the land and water by those who are required by traditional law and custom for ceremony performances and cultural activities, or to conduct activities assist in, observe or record traditional activities of the areas or those who have rights in relation to lands and waters according to traditional law and custom;

    Non-native title rights and interests that exist in the Determination area include:

  • the rights and interests of holders of pastoral leases, easements, pipeline licences, fee simple estates, crown lease, sublease and mining and petroleum tenements granted pursuant to the Mineral Titles Act 2010 (NT) or its predecessor;
  • the rights and interests of Telstra as the owner of telecommunications facilities within the Determination area;
  • the rights of Aboriginal persons under the Pastoral Land Act 1992 (NT);
  • the rights of Aboriginal persons (including those who are not native title holders) by virtue of the Northern Territory Aboriginal Sacred Sites Act 1989 (NT).

    Paragraph 9 of the extract includes details of all non-native title rights and interests.

    In the case of conflict, the exercise of non-native title rights and interests will prevail over the non-exclusive native title.


    The Warlmanpa Warumugu Aboriginal Corporation, as the prescribed body corporate, is to perform functions required under the Native Title Act 1993 (Cth). The native title is held in trust for the native title holders.

  • Detailed Information:

    Background: The Application for this determination was filed in December 2014. The judge congratulated the parties on achieving an agreement within a three year period. (What's new in Native Title, p. 10)

    Details of judgement: This consent determination came into effect on 20 April 2018 when the Warlmanpa Warumugu Aboriginal Corporation became the prescribed body corporate.


    Related Entries

    Agreement
  • Northern Gas Pipeline: Phillip Creek Indigenous Land Use Agreement (ILUA)
  • Organisation
  • National Native Title Tribunal
  • Northern Territory of Australia - Respondent
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Energy Pipelines Act 1981 (NT)
  • Mineral Titles Act 2010 (NT)
  • Telecommunications Act 1991 (Cth)
  • Northern Territory Aboriginal Sacred Sites Act 1989 (NT)
  • Pastoral Land Act 1992 (NT)
  • People
  • Alexander John and Katherine Louise Warby - Respondent
  • Gowan Russell Carter and Jennifer Erica Cook - Respondent
  • Kankawarla, Kanturrpa, Jajinyarra, Linga, Patta, Pirrtangu, Purrurtu, Wapurru and Yurtuminyi Landholding Groups
  • Colin Freddie and others on their own behalf and on behalf of the Kankawarla, Kanturrpa, Jajjinyarra, Linga, Patta, Pirrtangu, Purrurtu, Wapurru and Yurtuminyi landholding groups - Native Title Applicants

  • References

    Publication
    Australian Institute of Aboriginal and Torres Strait Islander Studies Native Title Research Unit (08/2017) What's new in Native Title

    Documents

    Document
    National Native Title Tribunal Extract from the Native Title Applications, Registration Decisions and Determinations Register for [NTD50/2014] as at 20.04.2018 (Phillip Creek Pastoral Lease) - ( Thumbnail | Thumbnail)

    Glossary

    Consent Determination (Native Title Act 1993 (Cth)) (Australia) | Native Title Applicants | Native Title (Australia)

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