Hayes v Northern Territory of Australia [2000] FCA 671

FEDERAL COURT OF AUSTRALIA

Hayes v Northern Territory of Australia [2000] FCA 671 NATIVE TITLE – determination of native title – settlement of form of determination.

Native Title Act 1993 (Cth) MYRA HAYES AND OTHERS v THE NORTHERN TERRITORY OF AUSTRALIA AND OTHERS DG 6002 1996 OLNEY J 23 MAY 2000 DARWIN

IN THE FEDERAL COURT OF AUSTRALIA

NORTHERN TERRITORY DISTRICT REGISTRY DG No 6002 of 1996

BETWEEN: MYRA HAYES AND OTHERS

ApplicantS

AND: THE NORTHERN TERRITORY OF AUSTRALIA

AND OTHERS

RespondentS

JUDGE: OLNEY J

DATE: 23 May 2000

PLACE: DARWIN

DETERMINATION OF NATIVE TITLE THE COURT DETERMINES THAT: 1. Native title exists in relation to the land and waters more particularly described in the Schedule hereto (the determination area).

2. The persons who hold the common or group rights comprising the native title (the common law holders) are those Aboriginals who are descended (by birth or by adoption) from the original Arrernte inhabitants of the Mparntwe, Antulye and Irlpme estates who are recognised by the respective apmereke-artweye and kwertengerle of those estates under the traditional laws acknowledged and the traditional customs observed by them as having communal, group or individual rights and interests in relation to such estates.

3. The nature and extent of the native title rights and interests in relation to the determination area are: a) the right to possession, occupation, use and enjoyment of the land and waters of the determination area; b) the right to be acknowledged as the traditional Aboriginal owners of the land and waters of their respective estates within the determination area; c) the right to take, use and enjoy the natural resources found on or within the land and waters of the determination area; d) the right to make decisions about the use of the land and waters of their respective estates within the determination area; e) the right to protect places and areas of importance in or on the land and waters within the determination area; f) the right to manage the spiritual forces and to safeguard the cultural knowledge associated with the land and waters of their respective estates within the determination area.