Roberts on behalf of the Najig and the Guyanggan Nganawirdbird Groups v Northern Territory of Australia (No 3) [2012] FCA 255

FEDERAL COURT OF AUSTRALIA

Roberts on behalf of the Najig and the Guyanggan Nganawirdbird Groups v Northern Territory of Australia (No 3) [2012] FCA 255 Citation: Roberts on behalf of the Najig and the Guyanggan Nganawirdbird Groups v Northern Territory of Australia (No 3) [2012] FCA 255

Parties: JESSIE ROBERTS (FOR AND ON BEHALF OF THE NAJIG AND THE GUYANGGAN NGANAWIRDBIRD GROUPS) v NORTHERN TERRITORY OF AUSTRALIA and CAVE CREEK STATION PTY LTD

File number: NTD 6001 of 2001

Judge: FINN J

Date of judgment: 20 March 2012

Place: Darwin

Division: GENERAL DIVISION

Category: No Catchwords

Number of paragraphs: 14

Counsel for the Applicant: Ms T Cole

Solicitor for the Applicant: Northern Land Council

Counsel for the First Respondent: Ms K Gatis

Solicitor for the First Respondent: Solicitor for Northern Territory

Counsel for the Second Respondent: Mr K Stephens

Solicitor for the Second Respondent: Ward Keller Lawyers

IN THE FEDERAL COURT OF AUSTRALIA NORTHERN TERRITORY DISTRICT REGISTRY GENERAL DIVISION NTD 6001 of 2001

BETWEEN: JESSIE ROBERTS (FOR AND ON BEHALF OF THE NAJIG AND THE GUYANGGAN NGANAWIRDBIRD GROUPS)

Applicant

AND: NORTHERN TERRITORY OF AUSTRALIA

First Respondent

CAVE CREEK STATION PTY LTD

Second Respondent

JUDGE: FINN J DATE OF ORDER: 20 MARCH 2012 WHERE MADE: DARWIN

THE COURT NOTES THAT: A. On 2 January 2001 the Applicant lodged a native title determination application over land and waters comprising former Crown Lease Term 1045 in the Mataranka Locality which was amended with leave of the Court on 9 April 2001 and again on 16 March 2011 ("Application"). B. The Applicant and the Respondents to this proceeding ("Parties") have reached agreement as to the terms of a determination of native title in relation to the land and waters covered by the Application. C. Pursuant to s 87(1)(a)(i) and 87(1)(b) of the Native Title Act (Cth) ("Act") the parties have filed with the Court their agreement in writing setting out the terms of the Agreement reached ("Determination"). D. Pursuant to ss 87 and 94A of the Act the terms of the Parties' agreement involve the making of consent orders for a determination that no native title exists in relation to the Determination Area as provided by the Determination. E. The parties have requested that the Court hear and determine this proceeding in accordance with their agreement. BEING SATISFIED that a determination that no native title exists in the terms of the Determination in respect of this proceeding would be within the power of the Court and, it appearing to the Court appropriate to do so, pursuant to s 87 of the Act and by the consent of the parties: THE COURT ORDERS THAT: 1. There be a determination that no native title exists in terms of the determination set out below. 2. There be no order as to costs. THE COURT DETERMINES THAT: 1. The Determination Area is the land and waters described in Schedule A hereto and depicted on the map comprising Schedule B. 2. Native title does not exist in any part of the Determination Area. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011. Schedule A Determination Area The Determination Area comprises the land and waters subject to Crown Lease Perpetual 1822 (CUFT 682/626) namely Northern Territory Portions 3960, 4076 and 4077 as depicted on the map in Schedule B. Schedule B Determination Area IN THE FEDERAL COURT OF AUSTRALIA NORTHERN TERRITORY DISTRICT REGISTRY GENERAL DIVISION NTD 6001 of 2001