Rirratjingu Aboriginal Corporation v Northern Land Council [2017] FCAFC 48

FEDERAL COURT OF AUSTRALIA

Rirratjingu Aboriginal Corporation v Northern Land Council [2017] FCAFC 48 Appeal from: Rirratjingu Aboriginal Corporation v Northern Land Council [2016] FCA 1017

File numbers: NTD 48 of 2016 NTD 49 of 2016

Judges: JAGOT, ROBERTSON AND WHITE JJ

Date of judgment: 23 March 2017

Catchwords: LAND RIGHTS – Aboriginal Land Council – power of Land Council under s 35(4) of Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) where Land Council receives a payment in respect of Aboriginal land – content of duty, within 6 months after that payment is received, to pay an amount equal to that payment to or for the benefit of the traditional Aboriginal owners of the land – where three clans of traditional Aboriginal owners of the land – whether Land Council has authority to identify traditional Aboriginal owners – whether Land Council has authority to pay proportions of the amount to each clan

Legislation: Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) ss 3, 23, 27, 35, 37 Administrative Decisions (Judicial Review) Act 1977 (Cth)

Cases cited: Alderson v Northern Land Council (1983) 20 NTR 1 Bateman's Bay Local Aboriginal Land Council v Aboriginal Community Benefit Fund Pty Ltd [1998] HCA 49; 194 CLR 247 Gagudju Association v Northern Land Council [1995] FCA 304 Gondarra v Minister for Families, Housing, Community Services and Indigenous Affairs [2014] FCA 25; 220 FCR 202 Rirratjingu Aboriginal Corporation v Northern Land Council [2015] FCA 36; 324 ALR 240 Rirratjingu Aboriginal Corporation v Northern Land Council [2016] FCA 1017