Ampetyane v Northern Territory of Australia [2009] FCA 834

FEDERAL COURT OF AUSTRALIA

Ampetyane v Northern Territory of Australia [2009] FCA 834

NATIVE TITLE – consent determination - request for orders to be made under s 87 of the Native Title Act 1993 (Cth) – consideration of whether the orders appear appropriate to the Court and whether orders ought to be made as sought determining native title rights and interests in the Ilkewartn and Ywel and other groups. Native Title Act 1993 (Cth), ss 57, 66, 87, 94A, 225 Lota Warria (on behalf of the Poruma and Masig Peoples) v State of Queensland(2005) 223 ALR 62 – cited Lovett on behalf of the Gunditjmara People v State of Victoria [2007] FCA 474 - cited Munn (for and on behalf of the Gungari People) v Queensland [2001] FCA 1229 – cited Nankiriny v State of Western Australia [2004] FCA 1156 - cited Patta Warumungu v Northern Territory of Australia [2007] FCA 1386 - cited Wilson v Northern Territory [2009] FCA 800 - cited LINDSAY BIRD AMPETYANE & ORS ON BEHALF OF THE ILKEWARTN AND YWEL ANMATYERR PEOPLE v NORTHERN TERRITORY OF AUSTRALIA and NT GAS PTY LTD

NTD 6004 of 1999

REEVES J

7 AUGUST 2009

DESERT BORE

IN THE FEDERAL COURT OF AUSTRALIA

NORTHERN TERRITORY DISTRICT REGISTRY NTD 6004 of 1999

GENERAL DIVISION

BETWEEN: LINDSAY BIRD AMPETYANE & OTHERS ON BEHALF OF THE ILKEWARTN AND YWEL ANMATYERR PEOPLE

Applicant

AND: NORTHERN TERRITORY OF AUSTRALIA

First Respondent

NT GAS PTY LTD

Second Respondent

JUDGE: REEVES J

DATE OF ORDER: 7 AUGUST 2009

WHERE MADE: DESERT BORE

BEING SATISFIEDthat a determination in the terms sought by the parties is within the power of the Court, and it appearing appropriate to the Court to do so by consent of the parties and pursuant to section 87 of the Native Title Act 1993 (Cth),

THE COURT ORDERS 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. Ilkewartn Ywel Aboriginal Corporation is: (a) to be the prescribed body corporate for the purposes of subs 57(2) of the Native Title Act 1993 (Cth) ('the Act'); (b) to perform the functions outlined in subs 57(3) of the Act after becoming a registered native title body corporate. 4. There be no order as to costs. THE COURT DETERMINES THAT: The determination area 1) The determination area is the area described in Schedule A. 2) Native title exists in the determination area, but excluding that part of the determination area referred to in Schedule B. The native title holders 3) There are two landholding groups with interests in estates in the determination area: Ilkewartn and Ywel Anmatyerr. 4) The persons who hold the common or group rights comprising the native title are the Aboriginal persons who are; (a) members of the Ilkewartn and Ywel Anmatyerr landholding groups by virtue of descent (including adoption) through father's father, father's mother, mother's father and mother's mother being; (i) Ilkewartn arrengarl akem - belonging to Ilkewartn through father's father; (ii) Ilkewartn atyemeyarl akem - belonging to Ilkewartn through mother's father; (iii) Ilkewartn aperlarl akem - belonging to Ilkewartn through father's mother; (iv) Ilkewartn anyanyarl akem - belonging to Ilkewartn through mother's mother; (v) Ywel arrengarl akem - belonging to Ywel through father's father; (vi) Ywel atyemeyarl akem - belonging to Ywel through mother's father; (vii) Ywel aperlarl akem - belonging to Ywel through father's mother; (viii) Ywel nyanyarl akem – belonging to Ywel through mother's mother; or