Australia reaches 50 native title determinations

04 May 2004

A recent Federal Court decision that native title exists over land south-east of Tennant Creek in the Northern Territory brings the number of native title determinations made in Australia to 50.

Justice Mansfield of the Federal Court handed down this decision on 23 April, recognising the native title rights of the Alyawarr, Kaytetye, Warumungu and Wakay* group over 1,143 sq km of land south-east of Tennant Creek in the Northern Territory.

The Court found that the group has exclusive native title rights over land set aside for the proposed town of Hatches Creek and non-exclusive rights over two blocks of land in the proposed Davenport Murchison National Park, approximately 1000 km south-east of Darwin.

The Central Land Council lodged the native title application on behalf of the claimant group with the National Native Title Tribunal in 1995. As groups with interests in the claimed land could not reach agreement, the claim was referred to the Federal Court in 1998, and went into preparation for trial.

National Native Title Tribunal President Graeme Neate congratulated the Alyawarr, Kaytetye, Warumungu and Wakay native title holders on succeeding in gaining legal recognition of their native title rights.

‘Although this native title claim went to trial, most of the determinations that native title exists have been made through the parties reaching agreement, often without the need for a hearing,’ he said.

‘For the Alyawarr, Kaytetye, Warumungu and Wakay native title holders the path to native title recognition through the court process has been a long one. Time and resources can be saved where the groups can negotiate agreements through talks and cooperation.

‘Recent High Court decisions have clarified the extent and type of evidence that native title claimants are required to provide to prove their connection to the land. The legal framework for settling native title claims is much clearer than it was a few years ago, and parties are looking at a wider range of options for reaching practical and enduring agreements that are tailored to local circumstances.’

Of the 50 determinations, 26 were reached through agreement rather than litigation and 33 found that native title exists.

* Pronunciations of groups: Alyawarr = Alya wara; Kaytetye = Kay ditch; Warumungu = Warumungu; Wakay = Waki.

Background information