Jungarrayi on behalf of the Mirtartu, Warupunju, Arrawajin and Tijampara Landholding Groups v Northern Territory of Australia [2011] FCA 766

FEDERAL COURT OF AUSTRALIA

Jungarrayi on behalf of the Mirtartu, Warupunju, Arrawajin and Tijampara Landholding Groups v Northern Territory of Australia [2011] FCA 766 Citation: Jungarrayi on behalf of the Mirtartu, Warupunju, Arrawajin and Tijampara Landholding Groups v Northern Territory of Australia [2011] FCA 766

Parties: PILOT CARR JUNGARRAYI & ORS ON BEHALF OF THE MEMBERS OF THE MIRTARTU, WARUPUNJU, ARRAWAJIN AND TIJAMPARA LANDHOLDING GROUPS v NORTHERN TERRITORY OF AUSTRALIA, PETER WALKER SAINT and BRENDA MARIE SAINT

File number: NTD 6017 of 2001

Judge: REEVES J

Date of judgment: 14 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, 251D, 253 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

Cases cited: Nelson v Northern Territory of Australia (2010) 190 FCR 344; [2010] FCA 1343