Talking Northern Territory, September 2007

In this issue:

• Federal Court sitting on 3 September 2007
• What does the native title consent determination do?
• What does the indigenous land use agreement (ILUA) do?

Native Title recognised over Tennant Creek

Justice John Mansfield and Central Land Council lawyer Steve Quinn.

“Today is the realisation of a long held dream for the Patta Warumungu people who didn’t have all their land needs and interests satisfied under the previous land claim process….it is not the Court’s order today which is granting the claim group native title. Rather, the native title has always been there - and by the orders I have made today, the law of Australia now recognises their native title.” – Justice John Mansfield in his opening remarks.

In the grounds of the Nyinkka Nyunyu Arts and Cultural Centre on 3 September 2007 Justice Mansfield recognised the Patta Warumungu peoples’ native title rights over areas of land in the Northern Territory town of Tennant Creek.

This agreement is the first native title determination in the Northern Territory to be fully reached through a negotiated agreement rather than litigation.

Native title issues for towns have been difficult to resolve across the country. The traditional owners and the Northern Territory Government worked towards reaching agreement on more than just the usual native title issues by including wider town issues in discussions.

In this case the parties were able to come to agreement on such things as how to provide for the future residential and industrial land needs of Tennant Creek, where past extinguishment and present surrender of native title rights had or was to occur, and how compensation was to be made for extinguishment and surrender of native title. The agreement also dealt with other matters such as an agreement to enter into good faith negotiations toward a common goal, the creation of a park over the Devil's Pebbles.

This determination of native title was made with the agreement of the Patta Warumungu people, represented by the Central Land Council, and the Northern Territory Government. It also involved consultation with Tennant Creek Town Council and various mining companies.

As native title holders the Patta Warumungu people have the right to live, travel over and access the land, hunt, gather and take natural resources, and conduct ceremonies and other traditional activities.

What does the native title consent determination do?

Justice Mansfield presents the consent determination papers to traditional owner Evelyn Father.

• Recognises that non–exclusive native title exists and should continue in the recognition area.
• Identifies those areas where native title has been extinguished by past acts or surrendered.
• Recognises that the common law holders of native title are members of the Patta Warumungu people.
• Sets out in detail what the recognised native title rights and interests are.
• Identifies and acknowledges others who have co-existing non-native title interests in the recognition area.
• Makes Patta Aboriginal Corporation the prescribed body corporate for the purposes of the Native Title Act 1993 (Cth), (the corporation that holds the native title on trust for the common law native title holders).

What does the indigenous land use agreement (ILUA) do?

From left, NT Local Government and Central Australia Minister Elliot McAdam, NT Chief Minister Clare Martin, CLC Chairman Lindsay Bookie and CLC Executive member Maxie Ray sign the ILUA.

• Acknowledges that the Federal Court has determined by consent of the parties that native title exists and that it continues in the recognition area.
• Concludes the native title mediation with a detailed agreement between the Northern Territory Government, the Central Land Council and the Patta Aboriginal Corporation.
• Acknowledges that the native title holders have agreed to provide for the future residential and commercial development of Tennant Creek by the surrender and extinguishment of native title in certain areas
• Recognises that compensation is payable for the agreed surrender, and the past extinguishment of native title that has occurred in Tennant Creek since the Racial Discrimination Act 1975.
• Sets out the details of the agreed compensation. The Northern Territory Government agrees:
  • to request the Commonwealth Attorney-General to add certain existing Aboriginal land to the Schedule of the Aboriginal Land Rights Act (Northern Territory)
  • to enter into good faith negotiations regarding the creation of a reserve at the Devil’s Pebbles based on continuing full public access and a joint management agreement
  • to the grant of freehold title to Patta Aboriginal Corporation of certain residential, industry and rural living lots
  • to pay a contribution to an Education and Training Trust for the benefit of the Patta people
  • to provide seed funding for the establishment (including office) of the Patta Aboriginal Corporation
  • to provide funds for the employment of a community development officer within Patta Aboriginal Corporation over 3 years.

Contacting the Northern Territory Registry:

5th Floor, NT House
22 Mitchell Street
Darwin NT 0800
GPO Box 9973
Darwin NT 0801

Telephone: (08) 8936 1600
Freecall: 1800 640 501
Facsimile: (08) 8981 7982

Email: enquiries@nntt.gov.au

Office hours: 8:00 am - 4:30 pm