Native Title Report 2008 - Appendix 1
Access data on native title court determinations from 2007-08, including nine consent determinations and one litigated outcome affecting Aboriginal land claims.
Summary
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]
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 |
[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.