Ngalakan People v Northern Territory of Australia [2001] FCA 654

FEDERAL COURT OF AUSTRALIA

The Ngalakan People v Northern Territory of Australia [2001] FCA 654

ABORIGINES AND TORRES STRAIT ISLANDERS – Native Title – recognition by Common Law and Native Title Act 1993 – rights of exclusive possession to land that is part of proclaimed township – whether Native Title continues on Crown Land proclaimed as township but largely undeveloped

NATIVE TITLE – roads – extinguishment by "dedication" of roads – statutory gazettal of roads

NATIVE TITLE- Claimant Groups – "adoption" and "incorporation" into Claimant Groups Aboriginal Land Rights (Northern Territory) Act 1976 Native Title Act 1993 Northern Territory Crown Lands Consolidation Act (1882) Minerals Acquisition Ordinance 1953 Petroleum Act 1984 Territory Parks and Wildlife Conservation Act (NT) Mabo v The State of Queensland [No 2] (1992) 175 CLR 1 followed Ward v State of Western Australia (1998) 159 ALR 483 followed Western Australia v Ward (2000) 99 FCR 316 followed Wandarang, Alawa, Marra and Ngalakan Peoples v Northern Territory of Australia [2000] FCA 923 applied Re: Waanyi People's Application (1995) 129 ALR 118 cited Permanent Trustee Company of New South Wales Ltd v Council of the Municipality of Campbelltown (1960) 105 CLR 401 considered Attorney-General for the Northern Territory of Australia v Minister for Aboriginal Affairs (1989) 23 FCR 536 considered Attorney-General for the Northern Territory of Australia v Minister for Aboriginal Affairs (3 August 1988, unreported) cited Bass Coast Shire Council v King [1997] 2 VR 5 followed Fourmile v Selpam Pty Ltd (1997) 80 FCR 151 followed The Members of the Yorta Yorta Aboriginal Community v The State of Victoria [1998] FCA 1606 considered Yarmirr v Northern Territory of Australia (1998) 82 FCR 533 followed Mason v Tritton (1994) 34 NSWLR 572 referred to Hayes v Northern Territory of Australia [1999] FCA 1248 followed