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Aboriginal Land Act - Court Proceedings

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WRITTEN QUESTIONS
10th Assembly


19/07/2005

13. Aboriginal Land Act - Court Proceedings


Ms Carney to MINISTER for Indigenous Affairs

QUESTION
Aboriginal Land Act - Court Proceedings

1. Is the Government engaged in any court proceedings involving Aboriginal Land Right Act matters or matters under provisions of the Native Title Act.
2. If so, please detail the matters and when proceedings commenced before the courts.

ANSWER


Answered on 10/05/2006

1. Aboriginal Land Rights (Northern Territory) Act 1976 - There are currently no ALRA matters the subject of court proceedings.
    Native Title Act 1993 - As at 10 October 2005 there were a total of 202 active claims under the Native Title Act in the Northern Territory. This figure comprises 197 claimant applications for a determination of native title and 5 compensation applications. Attached is a list of these Native Title applications as provided by the Federal Court of Australia.
2A. By way of background, applications under the Aboriginal Land Rights (Northern Territory) Act 1976 (ALRA) are lodged with the Aboriginal Land Commissioner. The Aboriginal Land Commissioner must ascertain whether the applicants or any other Aboriginal people are the traditional owners of the land claimed. The Commissioner then reports his findings to the relevant Federal Minister. Although the Aboriginal Land Commissioner must be a judge of the Federal Court of Australia or of the Supreme Court of the Northern Territory, and the parties are generally represented by lawyers, the process under ALRA is administrative not judicial.
    According to the Aboriginal Land Commissioner's Report for the year ended 30 June 2005 there were:

    (a) 22 applications, of which 5 are repeat applications, which could potentially proceed to an inquiry, in addition to the 11 applications which have commenced (see (c) below);

    (b) 138 applications (139 including Avon Downs, see (c) below) which have been wholly withdrawn or are regarded as not within the Commissioner's jurisdiction either because the claimed land does not come within the statutory description, or the application duplicates the application in another claim which has been dealt with and recommended for grant, or the applications relate solely to land held (validly) by the Northern Territory Land Corporation or the Conservation Land Corporation, or the claims are to the seabed below the low-water mark; and

    (c) 11 applications in respect of which inquiries have commenced but are incomplete. One application (Avon Downs) was subsequently withdrawn, and the hearing of another (Alcoota) has been completed but the report to the Federal Minister remains pending.




    No new applications under ALRA have been made since the sunset clause took effect on 5 June 1997.

2B. Unlike the process with ALRA claims, all native title claims are filed in the Federal Court of Australia. The proceedings are therefore adversarial in nature as opposed to the ALRA inquisitorial proceeding.
    Native title/related matters which have been heard (fully or in part) or are set down to be heard or are subject to an appeal or special leave applications are:

    Federal Court

    1. Larrakia Part A - this proceeding involves a consolidation of 19 separate native title claims over land and waters in the greater Darwin area by the Larrakia people and competing and overlapping claims by Tibby Quall for the Danggalaba/Kulimbirigin people. Closing submissions took place in June 2004 and the Court is scheduled to hand down its decision in April 2006.

    2. Town of Timber Creek claims - this proceeding involved the hearing of 3 separate native title claims and commenced in Timber Creek on 1 March 2005, with closing submissions taking place on 28 and 29 April 2005. The Court has reserved its decision.

    3. Yulara compensation claim - this is Australia’s first claim seeking compensation for extinguishment of native title. The case comprises two components, the determination of native title rights and interests and the value of extinguishment of those rights and interests. The first component of the case has been completed and judgement reserved.
4. Newcastle Waters Test Cases - these cases involve six separate proceedings which are to be heard together and which seek to clarify areas of uncertainty with respect to the nature of native title rights and interests that survive the grant of a Northern Territory pastoral lease. This will be the first time that surviving native title rights and interests on a Northern Territory pastoral lease have been agitated in the context of a contemporary, functioning pastoral lease.

    Full Federal Court

    1. Blue Mud Bay and associated proceedings - this claim was filed on 27 November 2002 on behalf of 13 clan groups to an area over Grindall and Myaoola Bays and Aboriginal freehold vested in the Arnhem Land Aboriginal Land Trust in Blue Mud Bay in Arnhem Land. The Court has handed down its determination, and the matter is now subject to appeal and due to be heard in the Federal Court in August 2006.
    High Court of Australia

    1. Griffiths v Lands & Mining Tribunal and Minister for Lands Planning and Environment - this proceeding concerns a special leave application filed by the NLC which was heard by the High Court on 22 April 2005. The matter arises from a proposal to acquire land in Timber Creek, which prompted a native title claim and subsequently a challenge to the Territory's power to acquire native title rights and interests for third parties. The High Court adjourned the application until subsequent to a determination as to the existence of native title by the Federal Court in the Timber Creek matters (Federal Court File Nos NTD6016/99, NTD6008/00 and NTD6012/00).
    2. Davenport/Murchison - a special leave application to the High Court of Australia was filed by the Territory on 26 August 2005. The special leave application is in respect of 3 aspects of the Full Federal Court's decision, namely (1) the existence of a native title right to "live on" the land which may encompass a right to live permanently, establish permanent communities and erect permanent structures; (2) the application of section 47B of the Native Title Act which requires prior extinguishment to be disregarded in certain circumstances; and (3) the conclusion that the claimants "occupied" the relevant area within the meaning of the Native Title Act at the time of the application.


See attachment below:

Current Native Title Files

Date filedShort title
26/07/1994 Larrakia - Palmerston
17/10/1996 Dangalaba 3-Lee Point Rd
21/10/1996 Dangalaba 4 - Hundred of Ayers
21/10/1996 Dangalaba 5-Elizabeth River
29/10/1996 Dangalaba 6-Binybarra
18/12/1996 Dangalaba 7-One Mile
18/12/1996 Berrimah TQ8
10/06/1997 Dangalaba 9- Minmarama
19/08/1997 Dangalaba 10-Howard Springs
12/01/1998 Dangalaba 11-Bagot Reserve
22/05/1998 Kalaluk
7/05/1999 Larrakia No. 2
28/09/1999 Lot 5976 Ludmilla
23/12/1999 Myilly Point Larrakia
3/04/2001 Section 3463 Hundred of Bagot
8/05/2001 Darwin - Part A Long Northern
25/05/1999 Town of Katherine Internal Northern
28/05/1999 Town of Tennant Creek
6/07/1999 Pine Hill Station (C)
17/08/1999 Portion 4724 Adelaide
28/09/1999 Howard River East (L)
28/09/1999 Sec.4131 Strangway
3/01/1995 MG3
30/09/1999 Howard River East (TQ)
9/03/1995 Larrakia-Darwin Metro (Palmerston)
8/10/1996 Dangalaba 1-Myilly Point
5/10/1999 Sec.4131 Hundred of Strangways (TQ)
26/11/1999 Sec.2413 Hundred of Cavenagh (TQ)
15/10/1996 Dangalaba 2-Dinah Beach
29/11/1999 Sec.2413 Hundred of Cavenagh (Risk)
29/11/1999 Sec.2413 Hundred of Cavenagh (Ludwig)
2/12/1999 Middle Arm
3/12/1999 Part Lot 291 Pine Creek
10/12/1999 Timber Creek
6/12/1996 Cullen Bay-Bayview Haven 1
6/12/1996 Larrakia - Darwin Part B
23/12/1999 Pine Creek #2
8/04/1997 Borroloola
8/04/1997 Borroloola/Gulf Region
12/06/1997 Yulara Township
30/06/1997 Edward Pellew Is
30/07/1997 West Arnhem
1/09/1997 Jabiru Township
12/11/1997 Bradshaw Station
9/03/1998 Wurdaliya-Wuyaliya/Merlin Mine
26/03/1998 Rail Corridor 8 (L)
12/06/1997 Cullen Bay-Bayview Haven 2
14/05/1998 Cullen Bay-Bayview Haven 3 (TQ)
9/07/1998 Daly
27/07/1998 Blue Mud Bay
3/02/2005 South West Glen Helen
10/02/2004 Town of Newcastle Waters
11/04/2005 Mount Doreen
12/04/2005 Napperby
25/05/2004 Jindare
24/11/2004 Edith River
29/08/2005 Town of Batchelor #2
24/11/2004 McKinlay River
29/08/2005 Labelle Downs/Lower Reynolds River #2
29/08/2005 Bynoe #2
29/08/2005 Litchfield National Park
3/12/2004 West Ban Ban #2
29/08/2005 Welltree #2
17/02/2000 Lot 1348 Katherine
28/02/2002 Mullapunyah/Cresswell
12/02/2003 Rockhampton / Brunette Downs
2/01/2001 Mataranka
29/01/2001 Auvergne
21/02/2000 Sec.1706/1714 Hundred of Guy (T)
12/03/2002 Dalmore Downs South
31/01/2001 Mallapunyah North
24/06/2003 Town of Borroloola
21/02/2000 N.T. Port 4732 Hundred of Guy (T)
4/09/2003 Parrta
13/03/2000 Part NT P4732 Hundred of Guy (L)
31/01/2001 Calvert Hills
12/03/2002 Welltree
6/10/2003 Molly Hill
13/03/2000 Sec.1706/1714 Hundred of Guy (L)
15/02/2001 Banka Banka
4/04/2002 Town of Adelaide River
23/04/2002 Rosewood
29/10/2003 Deep Water
1/02/2001 Mary River West
14/03/2000 Proposed Sec.1706/1714 Hundred of Guy (YBAC)
17/12/2003 Glen Helen
3/05/2002 Koolpinyah Central
1/02/2001 Tipperary North
30/12/2003 Alcoota
11/05/2000 Timber Creek #2
1/02/2001 Newcastle Waters
20/05/2002 New Lakefield
1/02/2001 Bonaparte Gulf
13/06/2000 Lot 3160 Katherine
20/05/2002 Dry River
21/05/2002 Devils Marbles
8/02/2001 Newry- Rosewood
23/06/2000 Singleton
20/06/2002 Willeroo - Delamere
15/02/2001 Mountain Valley
20/06/2002 Wollogorang South
15/02/2001 Mt Drummond
18/07/2000 Timber Creek Township
23/10/2000 Kalkarinji
15/02/2001 Urapunga No.2
3/07/2002 Murranji #2
15/02/2001 Goondooloo-Moroak
1/11/2000 Lot 825 & Lot 826 Borroloola
16/02/2001 Alice Springs Lot 9192
13/11/2000 Mary River West Portion 4410
3/07/2002 Mc Arthur River #2
22/02/2001 Larriamah
5/12/2000 Lorella Downs
2/07/2002 Burramurra
28/02/2001 Kurundi
3/07/2002 Buchanan Downs
5/12/2000 Spring Creek # 2
5/12/2000 Mary River
17/07/2002 Camfield Montejinni
1/03/2001 Bonrook
5/12/2000 Wollogorang
13/03/2001 Chatahoochie
13/03/2001 Calvert Hills # 2
30/07/2002 Town of Pine Creek
5/12/2000 Spring Creek # 1
7/12/2000 Tennant Creek Lots 472,1053,1266,1307,1311,1338, 1363,1365
13/03/2001 Ban Ban Springs
12/12/2000 Appeal in St. Vidgeon's
13/03/2001 Gunn Point Road
15/08/2002 Victoria River
13/03/2001 Douglas North
13/12/2000 Kiana # 1
15/08/2002 Auvergne #2
15/08/2002 West Bynoe
13/03/2001 Kiana-Calvert
13/12/2000 Murranji
18/12/2000 Town of Weddell
20/08/2002 Town of Mataranka
18/12/2000 Roper Valley
29/08/2002 Pigeon Hole
10/04/2001 Koolpinyah South
19/12/2000 Adelaide River Lot 176(A)
20/12/2000 Newhaven, NT Portion 2406
24/04/2001 Fish River
12/09/2002 Killarney Delamere
20/12/2000 Mt. Ringwood
12/09/2002 La Belle Downs
24/04/2001 Humbert VRD
24/10/2002 NT Portion 4440 Tennant Creek
8/05/2001 Dalmore Downs
20/12/2000 Billengarrah
8/05/2001 Brunchilly
20/12/2000 Mc Arthur River
24/10/2002 Lorella - Nathan River
7/11/2002 New Wanderrie Road
8/05/2001 North Calvert Hills
21/12/2000 Mount Keppler
7/11/2002 Newcastle Waters #2
8/05/2001 Darwin - Part A
22/12/2000 Old Mount Bundy
8/11/2002 Dulcie Ranges
17/05/2001 Dungowan
27/11/2002 Blue Mud Bay #2
21/05/2001 Eva Downs
19/12/2002 Tanumbirini
21/05/2001 Tandyidgee/Powell/Helen Springs
21/05/2001 Tandyidgee
21/05/2001 Powell Creek
21/05/2001 Creswell/Benmara
21/06/2001 Helen Springs
2/07/2001 Lots 1197, 1198,1199,1211,1214, 663, 989,990,994 in the Town of Tennant Creek
4/07/2001 Camfield
4/07/2001 Ooratippra
5/07/2001 Gunn Point
5/07/2001 Lot 160 Town of Adelaide River
6/07/2001 Town of Elliot
23/07/2001 Lot 828 Borroloola
2/08/2001 West McDonnells
2/08/2001 West Mathison
2/08/2001 Bynoe
30/08/2001 Spring Creek #4
30/08/2001 Spring Creek # 3
12/09/2001 Nathan River
18/09/2001 Gunn Point Gas Pipeline
18/09/2001 Fogg Dam
21/09/2001 Town of Flemming
21/09/2001 Town of Batchelor
27/09/2001 Pungalina
11/10/2001 Nutwood Downs
11/10/2001 Lower Reynolds River
11/10/2001 Georgina Downs - Lake Nash
25/10/2001Roper Valley North
25/10/2001 Mountain Valley/Mainoru
25/10/2001Chatterhoochie/Mount McMinn
25/10/2001Big River/Urapunga
25/10/2001Goondooloo/Moroak #2
25/10/2001Wongalara
22/11/2001Kiana West
19/12/2001 Sandover River
19/12/2001Wanderrie Road
19/12/2001Daly Waters
19/12/2001 Middle Arm Area A
Last updated: 04 Aug 2016
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