FEDERAL COURT OF AUSTRALIA

Napangardi on behalf of the members of the Jiri/Kuyukurlangu, Kumpu, Kunajarrayi, Mikanji, Pikilyi, Pirrpirrpakarnu, Wantungurru, Wapatali/Mawunji, Warlukurlangu, Yamaparnta, Yarripiri and Yarungkanyi/Murrku Estate Groups v Northern Territory of Australia

[2013] FCA 637

THE COURT NOTES THAT:

A.    The Applicant in this proceeding, NTD 39 of 2011, 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, the Northern Territory of Australia and the Pastoral Respondent (“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 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 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 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:

THE COURT ORDERS THAT:

1.    There be a determination of native title in terms of the determination set out below.

2.    The native title is not to be held on trust.

3.    Ngalyia Aboriginal Corporation (ICN 7631) is:

(a)    to be the prescribed body corporate for the purposes of s 57(2) of the Act;

(b)    to perform the functions outlined in s 57(3) of the Act after becoming a registered native title body corporate.

4.    The parties have liberty to apply for the following purposes:

(a)    to establish the precise location and boundaries of any public works and adjacent land and waters identified or otherwise referred to in Schedule C of the determination;

(b)    to establish the precise location of the boundaries of land on which the pastoral improvements referred to in Schedule C of the determination have been constructed and any adjacent land or waters the exclusive use of which is necessary for the enjoyment of the improvements; and

(c)    to establish whether any pastoral improvements referred to in Schedule C of the determination have been constructed unlawfully;

5.    There be no order as to costs.

THE COURT DETERMINES THAT:

The determination area

1.    The determination area comprises NT Portion 1947 and NT Portion 4264 being the land and waters more particularly described in Schedule A and depicted on the map comprising Schedule B.

2.    Native title exists in the determination area.

3.    Native title does not exist in those parts of the determination area described in Schedule C.

The native title holders

4.    The determination area comprises twelve estate areas associated with the Jiri/Kuyukurlangu, Kumpu, Kunajarrayi, Mikanji, Pikilyi, Pirrpirrpakarnu, Wantungurru, Wapatali/Mawunji, Warlukurlangu, Yamaparnta, Yarripiri and Yarungkanyi/Murrku landholding groups.

5.    The persons who hold the common or group rights comprising the native title are the Aboriginal persons who are:

(a)    members of one or more of the landholding groups referred to in paragraph 4 by virtue of descent (including adoption) through father’s father and mother’s father;

(b)    accepted as members of one or more of the landholding groups referred to in paragraph 4 by senior members of a landholding group, referred to in subparagraph (a), by virtue of non-descent connections to an estate.

Native title rights and interests

6.    The native title rights and interests of the native title holders are the rights possessed under and exercisable in accordance with their traditional laws and customs, including the right to conduct activities necessary to give effect to them, being:

(a)    the right to access and travel over any part of the land and waters;

(b)    the right to live on the land, and for that purpose, to camp, erect shelters and other structures;

(c)    the right to hunt, gather and fish on the land and waters;

(d)    the right to take and use the natural resources of the land and waters;

(e)    the right to access, take and use natural water on or in the land, except water captured by the holders of Perpetual Pastoral Lease 1035;

(f)    the right to light fires for domestic purposes, but not for the clearance of vegetation;

(g)    the right to access and to maintain and protect sites and places on or in the land and waters that are important under traditional laws and customs;

(h)    the right to conduct and participate in the following activities on the land and waters:

(i)    cultural activities;

(ii)    ceremonies;

(iii)    meetings;

(iv)    cultural practices relating to birth and death including burial rites;

(v)    teaching the physical and spiritual attributes of sites and places on the land and waters that are important under traditional laws and customs,

and, subject to the rights of any person arising under the laws in force in the Northern Territory to be present on the land, the right to privacy in the exercise and enjoyment of those activities;

(i)    the right to speak for and make decisions about the use and enjoyment of the land and waters by Aboriginal people who recognise themselves to be governed by the traditional laws and customs acknowledged by the native title holders;

(j)    the right to share or exchange natural resources obtained on or from the land and waters, including traditional items made from the natural resources;

(k)    the right to be accompanied on the land and waters by persons who, though not native title holders, are:

(i)    people required by traditional law and custom for the performance of ceremonies or cultural activities on the land and waters;

(ii)    people who have rights in relation to the land and waters according to the traditional laws and customs acknowledged by the native title holders;

(iii)    people required by the native title holders to assist in, observe, or record traditional activities on the areas.

7.    The native title rights and interests referred to in paragraph 6 do not confer possession, occupation, use and enjoyment of the land and waters on the native title holders to the exclusion of all others.

8.    The native title rights and interests referred to in sub-paragraphs 6(c), (d), (e) and (j) are for the personal or communal needs of the native title holders which are of a domestic or subsistence nature and not for any commercial or business purpose.

9.    The native title rights and interests referred to in paragraph 6 hereof are subject to and exercisable in accordance with:

(a)    the valid laws of the Northern Territory of Australia and the Commonwealth of Australia;

(b)    the traditional laws acknowledged and traditional customs observed by the native title holders.

Other rights and interests

10.    The nature and extent of the other interests in the determination area are:

(a)    in relation to NT Portion 1947 – the interest of the pastoral lease holder under Perpetual Pastoral Lease No 1035;

(b)    in relation to NT Portion 4264 – the valid rights of use for the passage of travelling stock;

(c)    the interests of the title holders under the following mining interests:

(i)    in relation to EL 24453 – the interest of Energy Metals Ltd;

(ii)    in relation to EL 24463 – the interest of Energy Metals Ltd;

(iii)    in relation to EL 24533 – the interest of Energy Metals Ltd;

(iv)    in relation to EL 27892 – the interest of Bluekebble Pty Ltd;

(v)    in relation to EL 27633 – the interest of Royal Resources Limited;

(vi)    in relation to EL 27634 – the interest of Royal Resources Limited;

(vii)    in relation to EL 27519 – the interest of Kurilpa Uranium Pty Ltd;

(viii)    in relation to EL 27373 – the interest of Paradigm Mexico Pty Ltd;

(ix)     in relation to EL 24879 – the interest of Hume Mining NL, Strike Resources Limited;

(x)    in relation to EL 24807 – the interest of Energy Metals Ltd;

(xi)    in relation to EL 24928 – the interest of Hume Mining NL, Strike Resources Limited;

(xii)    in relation to EL 24929 – the interest of Hume Mining NL, Strike Resources Limited;

(xiii)    in relation to EL 24808 – the interest of Cauldron Energy Limited;

(xiv)    in relation to EL 27906 – the interest of ABM Resources NL;

(xv)    in relation to EL 24571 – the interest of Aldershot Resources Ltd;

(xvi)    in relation to EL 24804 – the interest of Energy Metals Ltd;

(xvii)    in relation to EL 24806 – the interest of Energy Metals Ltd;

(xviii)    in relation to EL 28701 – the interest of Royal Resources Limited;

(xix)    in relation to EL 28698 – the interest of Element 92 Pty Ltd;

(xx)    in relation to EL 25556 – the interest of Element 92 Pty Ltd;

(xxi)    in relation to EL 29067 – the interest of Royal Resources Limited;

(xxii)    in relation to EL 28700 – the interest of Royal Resources Limited;

(xiii)    in relation to EL 28694 – the interest of Tierra Rica Pty Ltd;

(xiv)    in relation to EL 28986 – the interest of Royal Resources Limited;

(xv)    in relation to EL 29029 – the interest of Darwin Mining Exploration Pty Ltd;

(xvi)    in relation to EL 29219 – the interest of Enigma Mining Ltd;

(xxvii)    in relation to ELR 46 – the interest of Energy Metals Ltd;

(xxviii)    in relation to ELR 47 – the interest of Energy Metals Ltd;

(xxix)    in relation to ELR 48 – the interest of Energy Metals Ltd;

(xxx)    in relation to ELR 49 – the interest of Energy Metals Ltd;

(xxxi)    in relation to ELR 50 – the interest of Energy Metals Ltd;

(xxxii)    in relation to ELR 51 – the interest of Energy Metals Ltd;

(xxxiii)    in relation to ELR 52 – the interest of Energy Metals Ltd;

(xxxiv)    in relation to ELR 53 – the interest of Energy Metals Ltd;

(xxxv)    in relation to ELR 54 – the interest of Energy Metals Ltd;

(xxxvi)    in relation to ELR 55 – the interest of Energy Metals Ltd;

(d)    the rights and interests of Telstra Corporation Limited:

(i)    as the owner or operator of telecommunications facilities within the determination area;

(ii)    created pursuant to the Post and Telegraph Act 1901 (Cth), the Telecommunications Act 1975 (Cth), the Australian Telecommunications Corporation Acts 1989 (Cth), the Telecommunications Act 1991 (Cth) and under Schedule 3 to the Telecommunications Act 1997 (Cth), including the right:

A.    to inspect land for the purpose of determining whether the land is suitable for its purposes;

B.    to install and operate telecommunication facilities;

C.    to alter, remove, replace, maintain, repair and ensure the proper functioning of its existing and any new telecommunication facilities; and

D.    for its employees, agents or contractors to access the determination area for the purpose of exercising the rights in (i), (ii) and (iii) above in respect of telecommunication facilities in and in the vicinity of the determination area; and under any licences or access agreements relating to its telecommunications facilities in the determination area.

(e)    in relation to NT Portion 1947 – the rights of Aboriginal persons (whether or not native title holders) pursuant to the reservation in favour of Aboriginal people contained in pastoral leases set out in s 38(2) to (6) of the Pastoral Land Act (NT);

(f)    in relation to NT Portion 1947 – the rights arising under registered Indigenous Land Use Agreement DIA2001/001 between Tanami Exploration NL and the Central Land Council;

(g)    the rights of Aboriginal persons (whether or not native title holders) by virtue of the Northern Territory Aboriginal Sacred Sites Act (NT);

(h)    rights of access by an employee, servant, agent or instrumentality of the Northern Territory, Commonwealth or other statutory authority as required in the performance of his or her statutory duties;

(i)    the interests of persons to whom valid or validated rights and interests have been:

(i)    granted by the Crown pursuant to statute or otherwise in the exercise of its executive power; or

(ii)    conferred by statute.

Relationship between rights and interests

11.    To the extent that the continued existence, enjoyment or exercise of the native title rights and interests referred to in paragraph 6 is inconsistent with the existence, enjoyment or exercise of the other rights and interests referred to in paragraph 10, the other rights and interests and the doing of any activity required or permitted to be done by or under the other interests, prevail over, but do not extinguish, the native title rights and interests.

Other matters

12.    There are no native title rights and interests in:

(a)    minerals (as defined in s 2 of the Minerals (Acquisition) Act (NT));

(b)    petroleum (as defined in s 5 of the Petroleum Act (NT));

(c)    prescribed substances (as defined in s 5 of the Atomic Energy Act 1953 (Cth) and s 3 of the Atomic Energy (Control of Materials) Act 1946 (Cth)).

13.    In this determination the term:

(a)    “natural resources” means:

(i)    animals ferae naturae, birds, fish and plants, including timber, wax, resin and gum; and

(ii)    surface soils, clays, stone, rocks and ochre,

but does not include minerals, petroleum and prescribed substances;

(b)    “natural waters” includes springs and rockholes.

14.    Unless the contrary intention appears, a word or expression used in the Act has the same meaning in this determination as it has in the Act.

Schedule A

1.    The determination area comprises the following areas of land and waters:

(a)    NT Portion 1947 comprising an area of 7,337 square kilometres held under Perpetual Pastoral Lease No 1035.

(b)    NT Portion 4264 comprising an area of 56 square kilometres 36 hectares being part of the North West Stock Route.

2.    The following areas within the external boundaries of NT Portion 1947 are excluded from the determination area:

(a)    NT Portion 3968 comprising an area of 2 hectares 2,500 metres located within the boundaries of NT Portion 1947 held for an estate in fee simple by the Australian and Overseas Telecommunications Corporation Limited.

(b)    NT Portion 4871 comprising an area of 1 square kilometre 16 hectares 7,000 metres located within the boundaries of NT Portion 1947 held for an estate in fee simple by the Meercantie Aboriginal Corporation as an Aboriginal Community Living Area.

(c)    A road 100 metres wide (Tanami Road) which traverses NT Portion 1947 from the boundary with the Yuendumu ALT (NT Portion 1633) in the east to the boundary with the Central Desert ALT (NT Portion 1740) in the north.

(d)    A road 100 metres wide which extends in a westerly direction from its junction with the Tanami Road to Vaughan Springs.

(e)    A road 100 metres wide which extends in a westerly direction from the boundary with the Yuendumu ALT (NT Portion 1633) and then south westerly to the boundary with the Yunkanjini ALT (NT Portion 1739).

(f)    A road 100 metres wide which extends south from its junction with the road described in paragraph 2(e) above to the boundary with the Yunkanjini ALT (NT Portion 1739).

Schedule B – Map of Determination

Schedule C

Areas where native title does not exist

Native title rights and interests have been wholly extinguished in the following areas of land and waters:

Pastoral improvements

Those parts of the determination area being:

(a)    a homestead, house, sheds and other buildings;

(b)    a constructed airstrip;

(c)    bores, turkey nests, squatters’ tanks, constructed dams or other constructed stock watering points;

(d)    stockyards and trapyards.

The areas described in (a) to (d) comprise the land on which the improvements were constructed prior to the date of this determination and any adjacent land or waters the exclusive use of which is necessary for the enjoyment of the improvements.

Public works

Those parts of the determination area being covered by public works as defined in s 253 of the Act that were constructed or established before 23 December 1996 or commenced to be constructed or established on or before that date (including land and waters within the meaning of s 251D of the Act) including:

(a)    public roads including rural public roads (50 metres either side of the centre line), rural arterial roads and national highways;

(b)    gravel and fill pits established to maintain the roads referred to in (a) above;

(c)    government bores and associated works;

(d)    transmission water pipes (adjacent area of 5 metres either side of the centre line);

(e)    distribution water pipes measuring 150 millimetre diameter or less (adjacent area of 1.5 metres either side of the centre line) and greater than 150 millimetre diameter (adjacent area of 5 metres either side of the centre line);

(f)    sewer pipes measuring 150 millimetre diameter or less (adjacent area of 1.5 metres either side of the centre line) and greater than 150 millimetre (adjacent area of 5 metres either side of the centre line);

(g)    bores, sewer pump stations, and overhead power lines.

Note:    Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

Introduction

1    The area that is the subject of this native title determination application comprises approximately 7,400 square kilometres of land situated approximately 350 kilometres north west of Alice Springs. Since late 1990, a perpetual pastoral lease (PPL 1035) issued under the Pastoral Land Act (NT) has existed over the entire claim area. That period of a little over 20 years is recent history in the context of the claimants’ relationship with the land comprising the claim area. As part of the Ngaliya Walpiri society, the claimants believe their spiritual ancestors fashioned that land a time long ago, during what is termed “Jukurrpa” in Warlpiri or the “Dreaming” or “Dreamtime” in English. Recently, the parties, being the Applicant, the Northern Territory of Australia and Braitling Nominees Pty Ltd, the holder of the pastoral lease, have informed the Court that they have agreed on the terms of a proposed consent determination under s 87 of the Native Title Act 1993 (Cth) (the Act).

2    As is the practice of the Court in dealing with native title claims over pastoral leases in the Northern Territory, this matter has been assigned the short title of “Mount Doreen”: the name of the pastoral lease. While the current form of the Mount Doreen native title claim has only been on foot for approximately 20 months, a predecessor to the current claim was filed on 11 April 2005 (the first claim). That claim was prompted by a notification given under the future acts regime in the Act relating to the proposed grant of an exploration licence over a part of the pastoral lease. Accordingly, the first claim only extended to the area of the pastoral lease affected by that notice.

3    On 11 October 2011, after the necessary anthropological research had been undertaken, the first claim was discontinued. Three days later, the current native title determination application was filed. That application claimed all of the land within the Mount Doreen pastoral lease and part of the North West Stock Route, located within the boundaries of the pastoral lease.

4    Under the current native title determination application, the authorised Applicant is comprised of the following members:

(a)    Coral Gallagher Napangardi

(b)    Valerie Martin Napaljarri

(c)    Hamilton Morris Japaljarri

(d)    Gary White Jakamarra

(e)    Peggy Brown Nampijinpa

(f)    Christopher Poulson Japangardi.

5    Due to the death of one of the members of the Applicant, its composition was recently amended under s 66B of the Act.

6    The authorised Applicant represents the Jiri/Kuyukurlangu, Kumpu, Kunajarrayi, Mikanji, Pikilyi, Pirrpirrpakarnu, Wantungurru, Wapatali/Mawunji, Warlukurlangu, Yamaparnta, Yarripiri and Yarungkanyi/Murrku estate groups. As noted above, these twelve estate groups form part of the Ngaliya Warlpiri society.

7    Despite the short longevity of the current claim, negotiations for a consent determination of native title for Mount Doreen have been progressing for some years. In February 2013, after the anthropological materials necessary to establish the native title claim group’s connection with the claim area had been provided to the Northern Territory and a conference of experts had been held, the Northern Territory accepted there was a proper basis for it to enter into final negotiations for a consent determination of native title. On 31 May 2013, the parties filed executed consent orders, joint agreed facts and joint submissions. In those materials the parties requested the Court to make a determination of native title in the terms of their agreement under s 87 of the Act.

SECTION 87 OF THE ACT

8    Section 87 of the Act empowers the Court to make an order consistent with the terms of a written agreement between the parties to native title proceedings without holding a hearing in those proceedings. Before the Court can exercise that power, the conditions specified by s 87(1) must be satisfied. In Nelson v Northern Territory of Australia (2010) 190 FCR 344; [2010] FCA 1343 (Nelson), I set out the five conditions that the parties need to meet in order to have the Court make a consent determination of native title under s 87: see at [3]–[7]. It is convenient to briefly outline each of those requirements and consider whether they have been met in this application.

9    The first requirement is that the notice period under s 66 of the Act must have ended: s 87(1). According to the records of the National Native Title Tribunal, the Mount Doreen application was notified by the Registrar on 13 June 2012. The period specified in that notice expired on 13 September 2012. The first requirement has therefore been met.

10    The second requirement is that the agreement must relate to the whole of the proceedings, part of the proceedings, or a matter arising out of the proceedings: s 87(1)(a). The consent orders filed with the Court demonstrate that the agreement relates to the whole of this proceeding. This requirement has therefore been met.

11    The third requirement is that the agreement must be reduced to writing, signed by the parties and filed with the Court: s 87(1)(b). As noted above, executed consent orders have been filed with the Court. This requirement has also been satisfied.

12    Fourthly, the Court must be satisfied that an order in, or consistent with, the terms of the executed consent orders would be within the power of the Court: s 87(1)(c). In Nelson, I stated (at [4]):

An order will be within the power of the Court if it is consistent with s 94A of the Act, the rights and interests included in the proposed determination are recognisable by the common law of Australia and there is no other determination in existence over the area the subject of the proposed determination.

13    Section 94A requires the Court, in making a determination of native title, to set out the details of the matters mentioned in s 225 of the Act. Section 225 defines “determination of native title” as follows:

A determination of native title is a determination whether or not native title exists in relation to a particular area (the determination area) of land and waters and, if it does exist, a determination of:

(a)    who the persons, or each group of persons, holding the common or group rights comprising the native title are; and

(b)    the nature and extent of the native title rights and interests in relation to the determination area; and

(c)    the nature and extent of any other interests in relation to the determination area; and

(d)    the relationship between the rights and interests in paragraphs (b) and (c) (taking into account the effect of this Act); and

(e)    to the extent that the land or waters in the determination area are not covered by a non-exclusive agricultural lease or a non-exclusive pastoral lease – whether the native title rights and interests confer possession, occupation, use and enjoyment of that land or waters on the native title holders to the exclusion of all others.

(Emphasis in original.)

14    I have examined the proposed consent determination as outlined in the consent orders executed by the parties. I am satisfied that each of the matters referred to in s 225(a) to (e) of the Act (above) is appropriately articulated therein and the rights and interests so described are recognisable by the common law of Australia.

15    The history of the Mount Doreen application set out above at [1]–[7] demonstrates that the previous claim over Mount Doreen was discontinued before it was determined. Based on the records of the National Native Title Register kept under Pt 8 of the Act, I am satisfied that no previous or subsequent determination of native title has been made over the area the subject of this proposed consent determination.

16    I am therefore satisfied that a determination in the terms sought by the parties would be within the power of the Court.

17    Finally, before the Court makes a determination consistent with the terms of the parties’ agreement, it must be satisfied that it is appropriate to do so: s 87(1A) of the Act. In Nelson, I noted (at [7]) that these words:

… have been held to confer on the Court a discretion which, subject to the Court being satisfied about the pre-conditions mentioned above, is unfettered. However, like all discretions conferred on the Court, it must be exercised judicially and in exercising it, the Court must have regard to the objects of the Act, one of the most important being the resolution of disputes by negotiation and agreement, rather than litigation: Munn v Queensland (2001) 115 FCR 109 at [26] and [28].

18    After canvassing the authorities relevant to the Court’s determination of this question, I identified (at [14] of Nelson) the following principles:

(a)    the central issue is whether there exists a free and informed agreement between the parties;

(b)    in determining whether such an agreement exists, the following factors will be critical:

(i)    the process followed by the State party respondent, particularly how it goes about assessing the underlying evidence as to the existence of native title;

(ii)    whether the parties have independent and competent legal representation;

(iii)    whether the terms of the proposed order are unambiguous and clear; and

(iv)    whether the agreement has been preceded by a mediation process.

19    In their joint submissions, the parties submitted that it was appropriate that the Court make a determination in the terms of the parties’ agreement because:

(a)    each party is legally represented;

(b)    the Northern Territory, acting on behalf of the community generally, has played an active role in the negotiation of the agreement;

(c)    the Northern Territory has conducted a thorough assessment process, which has included an extensive review of the anthropological materials relating to connection and searches to determine the extent of any other interests that may exist within the determination area;

(d)    after those negotiations and that assessment process, and having regard to the requirements of the Act, the Northern Territory is satisfied that the determination is justified in all the circumstances.

20    I have examined the executed consent order filed by the parties and I consider that its terms are unambiguous and clear.

21    Having regard to the factors I summarised in Nelson (outlined at [18] above), the parties’ joint submissions in support of the consent determination and my review of the terms of the executed orders filed with the Court, I am satisfied that it is appropriate to make the proposed consent determination.

PRESCRIBED BODY CORPORATE

22    Order 2 of the proposed consent determination is to the effect that the native title is not to be held on trust. Accordingly, the need for a nomination under s 56 of the Act does not arise. In these circumstances, s 57(2) of the Act requires the Court to take certain steps to determine which prescribed body corporate is to perform the functions mentioned in s 57(3). The s 87 agreement signed by the parties seeks a determination that the Ngalyia Aboriginal Corporation is to be the prescribed body corporate for the purpose of s 57(2) to perform the functions set out in s 57(3). That nomination is supported by the affidavit of Susan Polden affirmed 21 June 2013. Ms Polden deposes that the Ngalyia Aboriginal Corporation was nominated by the claim group to be their prescribed body corporate on 3 August 2011 and that the members of the Ngalyia Aboriginal Corporation consent to being so nominated.

23    Accordingly, the Court determines that the Ngalyia Aboriginal Corporation is to be the prescribed body corporate for the purpose of s 57(2) and that it is to perform the functions set out in s 57(3) of the Act.

CONCLUSION

24    In conclusion, it is important to record that one of the central objects of the Act is to resolve native title claims by negotiation and agreement. The negotiations and agreement leading to this consent determination therefore serve to advance that object. I congratulate the parties for reaching the agreement to achieve this consent determination in these proceedings.

25    Of course, native title has existed in this land, according to the traditional laws and customs of the Ngalyia Warlpiri society, long before it was given the name Mount Doreen. It follows that the orders that will now be made do not create native title in the claim area. Instead, by this consent determination, the Australian legal system recognises that long held and pre-existing native title.

Associate:

Dated:    3 July 2013