Native title in the Northern Territory to move forward
| 29/07/2005 |
Native title negotiations in the Northern Territory are expected to move forward with more certainty following a significant appeal decision from the full bench of the Federal Court today.
The appeals were made after a determination in April last year that native title exists over 1120 square kilometres of land south east of Tennant Creek.
Justice Mansfield's original decision in favour of the Arrawatyen, Antarrengeny, Keranty, Lyentyawel, Tyaw, Warwepenty and Kelatnyerrang peoples is otherwise known as the Davenport Murchison decision, due to the claim's location close to the Davenport Ranges National Park.
National Native Title Tribunal President Graeme Neate said the appeal clarified important areas of law that were holding up the resolution of native title claims in the Northern Territory. Of significance were the court's findings on the make-up of the native title group and the nature of native title rights and interests which survive the grant of a pastoral lease.
‘This decision should help parties make better progress during the mediation of native title claims in the Northern Territory, particularly where there are issues involving pastoral leases,’he said.
The claimant group were found to hold communal rights over the determination area, rather than being a collection of seven smaller "estate" groups.
The decision also showed the native title holders had exclusive possession over a 27.12 hectare area of vacant crown land, known as the Hatches Creek townsite. The land was set aside for the development of a town many years ago but it never went ahead.
‘The challenge now is for everyone involved in native title to build on this decision by making every effort to negotiate an agreed result, rather than take similar claims to court,’ Mr Neate said.
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| Charlie Wilson-Clark |
| 08 9268 7315 |
| 0419 441 504 |
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