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Native Title Report 2008 - Appendix 1

Native Title Report 2008

Appendix 1 Native Title Determinations

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Between 1 July 2007 and 30 June 2008, ten determinations of native title were
made by the court. Nine of these were made by consent, and one was
litigated.[1]

Short name, case name and citation
Area
Legal process and outcome
Time from filing to determination date
Mediation in the NNTT?
Determination date
Newcastle Waters - Murranji
Determination[2]


King v Northern Territory of Australia [2007] FCA 1498
Various sites in and around the Town of Newcastle Waters, Northern
Territory
Litigated determination, native title exists in parts of the determination
area
6 years, 9 months, 14 days
Not referred to mediation
26 September 2007
Birriliburu People (Part A)


Billy Patch & Others on behalf of the Birriliburu People v State of
Western Australia and Others [2008] FCA 944
Approximately 200km north east of the town of Wiluna, Western
Australia
Consent determination, native title exists in the entire determination
area.
FCA: 9 years, 8 months, 22 days


NNTT: 9 years, 8 months, 23 days
Referred to mediation 18/7/00
20 June 2008
Ngaanyatjarra Lands (Part B)


Stanley Mervyn, Adrian Young, and Livingston West and Ors, on behalf of the
Peoples of the Ngaanyatjarra Lands v The State of Western Australia and Ors
(unreported, FCA, 3 June 2008, French J)
Central Desert, Western Australia
Consent determination, native title exists in the entire determination
area
4 years, 1 month, 12 days
Referred to mediation 5/7/07
3 June 2008
Ngadjon-Jii People


Ngadjon-Jii People v State of Queensland [2007] FCA 1937
Specific lots near Malanda and Bartle Frere in Far North Queensland
Consent determination, native title exists in the entire determination
area
8 years, 7 months, 15 days
Referred to mediation 29/3/01
28 May 2008
Eastern Kuku Yalanji People


Walker on behalf of the Eastern Kuku Yalanji People v State of Queensland
[2007] FCA 1907
East Cape York Peninsula, South of Cooktown, Queensland
Consent determination, native title exists in the entire determination
area
FCA: 9 years, 2 months, 10 days


NNTT 13 years, 3 days
This matter was in mediation when it came to the Court on 30/9/98
9 December 2007
Githabul People


Trevor Close on behalf of the Githabul People v Minister for Lands [2007]
FCA 1847
Area of Crown land in north east of New South Wales around the town of
Woodenbong
Consent determination, native title exists in the entire determination
area
FCA: 9 years, 2 months


NNTT: 12 years, 2 months, 25 days
Referred to mediation 16/8/00
29 November 2007
Ngururrpa


Payi Payi & Ors on behalf of the Ngururrpa People and State of Western
Australia [2007] FCA 2113
Great Sandy Desert, Western Australia
Consent determination, native title exists in the entire determination
area
10 months, 11 days
By order of 3/5/07 the matter was referred to mediation upon completion of
notification which was completed on 13/6/07
18 October 2007
Tennant Creek No. 2


Patta Warumungu People v Northern Territory of Australia [2007] FCA
1386
Tennant Creek Township and Region, Northern Territory
Consent determination, native title exists in parts of the determination
area
1 year, 2 months, 24 days
Originally there were 3 Tennant Creek matters which were in mediation. The
3 matters were discontinued and a new application filed. The new matter went to
consent determination without referral to mediation. It was as the result of an
ILUA.
3 September 2007
Strathgordon Claim


Timothy James Malachi on behalf of the Strathgordon Mob v State of
Queensland [2007] FCA 1084
Cape York Peninsula, Queensland
Consent determination, native title exists in the entire determination
area
4 years, 1 month, 28 days
Referred to mediation on 18/5/04
26 July 2007
Ngurrara


(unreported, FCA, 9 November 2008, Gilmour J)
Kimberley region, where the Kimberley and the Great Sandy Desert meet,
Western Australia
Consent determination (determination takes effect on the determination of a
PBC)
FCA: 9 years, 1 month, 11 days


NNTT: 11 years, 7 months, 19 days
Referred to mediation on 23/4/01
9 November 2007

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[1] The information in this
appendix is sourced from J Eaton, Native Title Registrar, Federal Court of
Australia, Correspondence to T Calma, Aboriginal and Torres Strait Islander
Social Justice Commissioner, Human Rights and Equal Opportunity Commission, 21
August 2008 and the National Native Title Tribunal, http://www.nntt.gov.au/Applications-And-Determinations/Search-Determinations/Pages/Search.aspx (viewed 9 October 2008).

[2] This determination was made
up of six related applications.