Native Title Report 2008 - Appendix 1

Native Title Report 2008

Appendix 1 Native Title Determinations

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

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^[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.