King v Northern Territory of Australia [2007] FCA 944

FEDERAL COURT OF AUSTRALIA

King v Northern Territory of Australia [2007] FCA 944

NATIVE TITLE – application for determination of native title – where current pastoral leases in claim area used as commercial cattle stations

NATIVE TITLE – right to live and to camp and for that purpose to erect shelters and other structures – whether right comprehended a right to build permanent structures and remain permanently on land and whether evidence supported such rights – whether such rights inconsistent with rights of pastoral lease holders – whether to distinguish Full Court's decision in Northern Territory of Australia v Alyawarr, Kaytetye, Warumungu, Wakaya Native Title Claim Group (2005) 145 FCR 442

NATIVE TITLE – extinguishment – where land in claim area proclaimed as garbage reserve and later approved as garbage depot – whether inconsistent with claimed native title rights and interests

NATIVE TITLE – construction of improvements on land subject to pastoral leases – whether claimed native title rights and interests extinguished by the construction of improvements – whether evidence established that improvements were constructed

NATIVE TITLE – extinguishment – adjacent land necessary for enjoyment of improvements constructed on land subject to pastoral leases – how adjacent land should be identified in determination – whether evidence enabled conclusion about adjacent area necessary for enjoyment of improvements

NATIVE TITLE – extinguishment – construction of improvements on land subject to pastoral leases – whether only improvements constructed at time of determination to be included

NATIVE TITLE – previous exclusive possession acts – public works – where NT Gas Pty Ltd operated gas pipelines across the claim area – whether gas pipelines wholly or partly extinguish the claimed native title rights – whether gas pipelines were a "public work" for purposes of s 23B(7) of the Native Title Act 1993 (Cth) – whether attributable to the Northern Territory