Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Patta Warumungu People v Northern Territory of Australia [2007] FCA 1386
NATIVE TITLE – determination of native title by consent Native Title Act 1993 (Cth) s 61(1) Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) Members of the Yorta Yorta Aboriginal Community v Victoria(2002) 214 CLR 422 Munn v Queensland (2001) 115 FCR 109 EVELYN CRAFTER NAPPANGARTI, BRIAN CRAFTER JANGALI, GAYE FOSTER NAPALJARRI AND JEREMY DAWSON JUPPURULA ON BEHALF OF THE PATTA WARUMUNGU PEOPLE v NORTHERN TERRITORY OF AUSTRALIA NTD 8 OF 2006
MANSFIELD J
3 SEPTEMBER 2007
TENNANT CREEK
IN THE FEDERAL COURT OF AUSTRALIA
NORTHERN TERRITORY DISTRICT REGISTRY NTD 8 OF 2006
BETWEEN: EVELYN CRAFTER NAPPANGARTI, BRIAN CRAFTER JANGALI, GAYE FOSTER NAPALJARRI AND JEREMY DAWSON JUPPURULA ON BEHALF OF THE PATTA WARUMUNGU PEOPLE
Applicants
AND: NORTHERN TERRITORY OF AUSTRALIA
Respondent
JUDGE: MANSFIELD J DATE OF ORDER: 3 SEPTEMBER 2007
WHERE MADE: TENNANT CREEK
THE COURT ORDERS BY CONSENT THAT:
1. There be a determination of native title in the terms set out below ('the determination'), the determination to take effect immediately upon the making of these Orders. 2. Upon the determination taking effect, native title is held by the persons referred to in paragraph 4 of the determination. 3. Patta Aboriginal Corporation is to be the prescribed body corporate for the purposes of s 57(2) of the Native Title Act 1993 (Cth) ('the Act') and perform the functions mentioned in s 57(3) of the Act after becoming a registered native title body corporate. 4. There be no order as to costs.
AND THE COURT DECLARES THAT: 5. The application NTD 8 of 2006 is finalised, within the meaning of s 190(4) of the Act, in respect of the land and waters the subject of the determination. DETERMINATION BEING SATISFIED that a determination in the terms sought by the parties would be within the power of the Court, and it appearing to the Court appropriate to do so and by the consent of the parties: THE COURT ORDERS, DECLARES AND DETERMINES BY CONSENT:
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