Rrumburriya Borroloola Claim Group v Northern Territory of Australia [2016] FCA 776

FEDERAL COURT OF AUSTRALIA

Rrumburriya Borroloola Claim Group v Northern Territory of Australia [2016] FCA 776 File numbers: NTD 6014 of 2000 NTD 6003 of 2003

Judge: MANSFIELD J

Date of judgment: 30 June 2016

Catchwords: NATIVE TITLE – native title rights and interests claimed – where the native title rights and interests claimed, subject to one qualification, are not in dispute – right to take resources – whether right is an unconfined right to take resources of the claim area – whether right to take resources is confined to personal or communal purposes of a domestic or subsistence nature, but not for commercial or business purposes – question of fact on the evidence – exchange of goods for economic utilitarian purposes – exchange of goods for religious, ceremonial or political purposes NATIVE TITLE – extinguishment – non-tidal waters and subterranean waters – legislation asserting Crown rights in and/or powers over waters in lakes, springs and watercourses – whether native title right of exclusive possession is relevantly inconsistent with a limitation on the use of particular kinds of water – whether non-exclusive rights may properly be read as limited by legislation in a manner that does not abrogate any right vested in the Crown – land areas, bed or subsoil where there is, or may be, water from time to time – appropriate formulation and/or qualification of the right

Legislation: Native Title Act 1993 (Cth) Lands Acquisition Act (NT) Aboriginal Land Rights (NT) Act 1975(NT) Control of Roads Act (NT) Racial Discrimination Act 1975 (Cth) Road Districts Act 1919 (WA) Control of Roads Act 1979 (Cth) Native Title Bill 1993 (Cth) Racial Discrimination Act 1975 (Cth) Native Title (Queensland) Act 1993 (Qld) Validation (Native Title) Act 1994 (NT) Control of Roads Act 1986 (NT) Planning Act (NT) Control of Waters Ordinance 1938 (NT) Water Act (NT) Rights in Water and Irrigation Act 1914 (WA) Native Title Amendment Bill (No 2) 1997 (Cth) Crown Lands Act (NT) Aboriginal Councils and Associations Act 1976 (Cth)