Dixon on behalf of the Narrwan and Badpa Estate Groups v Northern Territory of Australia [2020] FCA 1545

FEDERAL COURT OF AUSTRALIA

Dixon on behalf of the Narrwan and Badpa Estate Groups v Northern Territory of Australia [2020] FCA 1545 File number: NTD 25 of 2015

Judgment of: WHITE J

Date of judgment: 29 October 2020

Catchwords: NATIVE TITLE – consent determination – requirements under s 87 of the Native Title Act 1993 (Cth) – agreement of all parties – determination of native title by consent.

Legislation: Federal Court of Australia Act 1976 (Cth) ss 37M, 37N Native Title Act 1993 (Cth) ss 57, 87. 87A, 94A, 223, 225

Cases cited: Agius v South Australia (No 6) [2018] FCA 358 Cronin on behalf of the Butchulla People (Land & Sea Claim #2) v State of Queensland [2019] FCA 2082 Freddie v Northern Territory [2017] FCA 867 Members of the Yorta Yorta Aboriginal Community v State of Victoria [2002] HCA 58; (2002) 214 CLR 422

Division: General Division

Registry: Northern Territory

National Practice Area: Native Title

Number of paragraphs: 25

Date of hearing: 29 October 2020

Counsel for the Applicant: Ms E Zola

Solicitor for the Applicant: Northern Land Council

Counsel for the Respondent: Mr S Bryson

Solicitor for the Respondent: Solicitor for the Northern Territory

ORDERS NTD 25 of 2015

BETWEEN: RAYMOND DIXON, JOHNNY DEVLIN AND JEREMY JACKSON ON BEHALF OF THE NARRWAN AND BADPA ESTATE GROUPS (Hidden Valley Pastoral Lease) Applicant

AND: NORTHERN TERRITORY OF AUSTRALIA Respondent

order made by: WHITE J DATE OF ORDER: 29 OCTOBER 2020

THE COURT NOTES THAT:

A. On 25 May 2015 the Applicant made a native title determination application over the land and waters within the bounds of the Hidden Valley Pastoral Lease (Pastoral Lease No. 936) (the "Application"). B. The Applicant and the Respondent to this proceeding (the "Parties") have reached agreement as to the terms of a proposed determination of native title in relation to the land and waters covered by the Application. C. Pursuant to ss 87(1)(a)(i) and 87(1)(b) of the Native Title Act 1993 (Cth) (the "Act") the Parties have filed with the Court their signed agreement in writing (the "Determination"). The external boundaries of the area subject to the Determination (the "Determination Area") are described in Schedule A of the Determination and depicted on the map comprising Schedule B of the 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 native title exists in relation to the Determination Area as provided by the Determination. E. The Parties acknowledge that the effect of making the Determination is that the members of the native title claim group, in accordance with the traditional laws acknowledged and the traditional customs observed by them, be recognised as the native title holders for the Determination Area as provided by the Determination. F. The Parties request that the Court hear and determine this proceeding in accordance with their agreement. BEING SATISFIED that a determination of native title in the terms of the Determination in respect of the 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: