Native Title Report 2008
Appendix 1 Native Title Determinations
Download in PDF
Download in Word
Between 1 July 2007 and 30 June 2008, ten determinations of native title were made by the court. Nine of these were made by consent, and one was litigated.[1]
| Short name, case name and citation |
Area |
Legal process and outcome |
Time from filing to determination date |
Mediation in the NNTT? |
Determination date |
|---|---|---|---|---|---|
Newcastle Waters - Murranji
Determination[2]
King v Northern Territory of Australia [2007] FCA 1498 |
Various sites in and around the Town of Newcastle Waters, Northern
Territory |
Litigated determination, native title exists in parts of the determination
area |
6 years, 9 months, 14 days |
Not referred to mediation |
26 September 2007 |
Birriliburu People (Part A)
Billy Patch & Others on behalf of the Birriliburu People v State of
Western Australia and Others [2008] FCA 944 |
Approximately 200km north east of the town of Wiluna, Western
Australia |
Consent determination, native title exists in the entire determination
area. |
FCA: 9 years, 8 months, 22 days
NNTT: 9 years, 8 months, 23 days |
Referred to mediation 18/7/00 |
20 June 2008 |
Ngaanyatjarra Lands (Part B)
Stanley Mervyn, Adrian Young, and Livingston West and Ors, on behalf of the
Peoples of the Ngaanyatjarra Lands v The State of Western Australia and Ors
(unreported, FCA, 3 June 2008, French J) |
Central Desert, Western Australia |
Consent determination, native title exists in the entire determination
area |
4 years, 1 month, 12 days |
Referred to mediation 5/7/07 |
3 June 2008 |
Ngadjon-Jii People
Ngadjon-Jii People v State of Queensland [2007] FCA 1937 |
Specific lots near Malanda and Bartle Frere in Far North Queensland |
Consent determination, native title exists in the entire determination
area |
8 years, 7 months, 15 days |
Referred to mediation 29/3/01 |
28 May 2008 |
Eastern Kuku Yalanji People
Walker on behalf of the Eastern Kuku Yalanji People v State of Queensland
[2007] FCA 1907 |
East Cape York Peninsula, South of Cooktown, Queensland |
Consent determination, native title exists in the entire determination
area |
FCA: 9 years, 2 months, 10 days
NNTT 13 years, 3 days |
This matter was in mediation when it came to the Court on 30/9/98 |
9 December 2007 |
Githabul People
Trevor Close on behalf of the Githabul People v Minister for Lands [2007]
FCA 1847 |
Area of Crown land in north east of New South Wales around the town of
Woodenbong |
Consent determination, native title exists in the entire determination
area |
FCA: 9 years, 2 months
NNTT: 12 years, 2 months, 25 days |
Referred to mediation 16/8/00 |
29 November 2007 |
Ngururrpa
Payi Payi & Ors on behalf of the Ngururrpa People and State of Western
Australia [2007] FCA 2113 |
Great Sandy Desert, Western Australia |
Consent determination, native title exists in the entire determination
area |
10 months, 11 days |
By order of 3/5/07 the matter was referred to mediation upon completion of
notification which was completed on 13/6/07 |
18 October 2007 |
Tennant Creek No. 2
Patta Warumungu People v Northern Territory of Australia [2007] FCA
1386 |
Tennant Creek Township and Region, Northern Territory |
Consent determination, native title exists in parts of the determination
area |
1 year, 2 months, 24 days |
Originally there were 3 Tennant Creek matters which were in mediation. The
3 matters were discontinued and a new application filed. The new matter went to
consent determination without referral to mediation. It was as the result of an
ILUA. |
3 September 2007 |
Strathgordon Claim
Timothy James Malachi on behalf of the Strathgordon Mob v State of
Queensland [2007] FCA 1084 |
Cape York Peninsula, Queensland |
Consent determination, native title exists in the entire determination
area |
4 years, 1 month, 28 days |
Referred to mediation on 18/5/04 |
26 July 2007 |
Ngurrara
(unreported, FCA, 9 November 2008, Gilmour J) |
Kimberley region, where the Kimberley and the Great Sandy Desert meet,
Western Australia |
Consent determination (determination takes effect on the determination of a
PBC) |
FCA: 9 years, 1 month, 11 days
NNTT: 11 years, 7 months, 19 days |
Referred to mediation on 23/4/01 |
9 November 2007 |
[1] The information in this
appendix is sourced from J Eaton, Native Title Registrar, Federal Court of
Australia, Correspondence to T Calma, Aboriginal and Torres Strait Islander
Social Justice Commissioner, Human Rights and Equal Opportunity Commission, 21
August 2008 and the National Native Title Tribunal, http://www.nntt.gov.au/Applications-And-Determinations/Search-Determinations/Pages/Search.aspx (viewed 9 October 2008).
[2] This determination was made
up of six related applications.
