Kngwarraye on behalf of the members of the Arnerre, Wake-Akwerlpe, Errene and Ileyarne Landholding Groups v Northern Territory of Australia [2011] FCA 765

FEDERAL COURT OF AUSTRALIA

Kngwarraye on behalf of the members of the Arnerre, Wake-Akwerlpe, Errene and Ileyarne Landholding Groups v Northern Territory of Australia [2011] FCA 765 Citation: Kngwarraye on behalf of the members of the Arnerre, Wake-Akwerlpe, Errene and Ileyarne Landholding Groups v Northern Territory of Australia [2011] FCA 765

Parties: TOMMY THOMPSON KNGWARRAYE AND OTHERS ON BEHALF OF THE MEMBERS OF THE ARNERRE, WAKE-AKWERLPE, ERRENE AND ILEYARNE LANDHOLDING GROUPS v NORTHERN TERRITORY OF AUSTRALIA and ELIZABETH ANN FRITH AND CHARLES OLIVER FRITH

File number: NTD 13 of 2008

Judge: REEVES J

Date of judgment: 13 July 2011

Catchwords: NATIVE TITLE – application for determination of native title under s 87 of the Native Title Act 1993 (Cth) – consideration of whether the parties have satisfied the criteria set out in s 87 such that the jurisdiction of the Court is enlivened – consideration of whether it is appropriate for the Court to make an order in terms of the agreement reached by the parties – parties filed joint submissions in support of a Minute of Proposed Consent Determination and a statement of agreed facts – Held that the agreement is free and informed and that the terms of the proposed orders are unambiguous and clear

Legislation: Native Title Act 1993 (Cth) ss 13, 55, 56, 57, 61, 66, 67, 87, 94A, 225 Mining Act (NT) Energy Pipelines Act (NT) Pastoral Land Act 1992 (NT) s 38 Northern Territory Aboriginal Sacred Sites Act 1989 (NT) Minerals Acquisition Act 1953 (NT) s 2 Petroleum Act (NT) s 5 Atomic Energy Act 1953 (Cth) s 5 Atomic Energy (Control of Materials) Act 1946 (Cth) s 3