Reiff on behalf of the members of the Ankerente, Arntinarre, Arraperre, Artwele, Atnwarle, Ilparle, Immarkwe, Ltye and Thipatherre Landholding Groups v Northern Territory of Australia
[2021] FCA 400
At a glance
Source factsCourt
Federal Court of Australia
Decision date
2021-05-05
Before
Charlesworth J
Catchwords
- NATIVE TITLE - determination of native title by consent under s 87 of the Native Title Act 1993 (Cth)
Source
Original judgment source is linked above.
Catchwords
Judgment (17 paragraphs)
THE COURT NOTES THAT: A. The Applicant in this proceeding NTD16/2018 has made a native title determination application (the application) that relates to an area of land and waters which is the subject of a proposed determination of native title (the Determination). B. The Applicant and the Respondents to this proceeding (the parties) have reached agreement as to the terms of the Determination which is to be made in relation to the land and waters covered by the application (the Determination Area). The external boundaries of the Determination Area are described in Schedule A and depicted on the map at Schedule B of the Determination. C. Pursuant to s 87(1)(a)(i) and s 87(1)(b) of the Native Title Act 1993 (Cth) (the Act) the parties hereby file with this Court their agreement in writing. D. Pursuant to s 87 and s 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 the making of 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, should be recognised as the native title holders for the Determination Area as provided by the Determination. F. The parties have requested that the Court hear and determine this proceeding in accordance with their agreement. BEING SATISFIED that a determination of native title in the terms set out in 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: