Fulton on behalf of the Mambali Amaling-Gan v Northern Territory of Australia (the Minyerri and Banka Banka Matters) [2019] FCA 2156

FEDERAL COURT OF AUSTRALIA

Fulton on behalf of the Mambali Amaling-Gan v Northern Territory of Australia (the Minyerri and Banka Banka Matters) [2019] FCA 2156 File numbers: NTD 20 of 2013, NTD 21 of 2013 NTD 18 of 2016, NTD 21 of 2016 NTD 43 of 2017, NTD 6016 of 2000 NTD 6030 of 2000, NTD 6031 of 2002, NTD 32 of 2011, NTD 60 of 2017 NTD 61 of 2017, NTD 1 of 2018 NTD 6005 of 2001, NTD 6038 of 2001 NTD 6040 of 2001

Judge: WHITE J

Date of judgment: 19 December 2019

Catchwords: NATIVE TITLE – applications for determinations of native title over pastoral leases – four outstanding issues regarding the content of the proposed consent determinations – how the exclusion of a right to take animals which are the private or personal property of another should be formulated (clause 11(c) issue) – whether the determination should include a non-exhaustive list of activities permitted by the native title rights and interests and if so, whether, and in what terms, the activity with respect to the lighting of fires should be expressed (clause 14 issue) – how the other interests referred to in s225(c) of the Native Title Act 1993 (Cth) (the NT Act) should be expressed (the "other interests" issue) – whether a reservation of a liberty to apply should be included and, if so, its scope and its wording (clause 5(a) issue) – rulings on each issue given.