Native Title Report 2009 - Appendix 1
Native Title Report 2009
Appendix 1: Native title determinations
Between 1 July 2008 and 30 June 2009, twelve determinations of native title
were made by the Federal Court. Ten of these were made by consent, one was
unopposed and one was
litigated.[1]
|
Short name, case name and citation
|
Area
|
Legal process and outcome
|
Time from filing to determination date
|
Length of time in NNTT mediation
|
Determination date
|
|
Eringa Part A Proceeding
Wangkangurru/Yarluyandi and Irrwanyere Mt Dare Native Title Claim Groups
v The State of South Australia [2008] FCA 1370 |
Covers the area of the Witjira National Park but excluding the area of the
Irrwanyere Mt Dare Claim. |
Consent determination, native title exists in parts of the determination
area. |
12 years, 5 months, 30 days
|
10 years, 3 months
|
11 September 2008
|
|
Wangkangurru/Yarluyandi Part A Proceeding
Eringa, Eringa No.2, Wangkangurru/Yarluyandi and Irrwanyere Mt Dare
Native Title Claim Groups v The State of South Australia [2008] FCA 1370 |
Covers the area of the Witjira National Park but excluding the area of the
Irrwanyere Mt Dare Claim. |
Consent determination, native title exists in parts of the determination
area. |
11 years, 22 days
|
9 years, 9 months
|
11 September 2008
|
|
Thalanyji
Leslie Hayes & Ors on behalf of the Thalanyji People v The State of
Western Australia and Others [2008] FCA 1487 |
Approximately 18 432 km2 of land and sea. Located in the
Pilbara region of Western Australia in the vicinity of Onslow. |
Consent determination, native title exists in parts of the determination
area |
12 years, 2 months, 22 days
|
8 years
|
18 September 2008
|
|
Adnyamathanha People No. 1 (Stage 1)
Adnyamathanha No. 1 Native Title Claim Group v The State of South
Australia (No. 2) [2009] FCA 359 |
Covers the area in and around the Flinders Ranges National Park.
|
Consent determination, native title exists in parts of the determination
area. |
14 years, 5 months, 25 days
|
12 years, 4 months
|
30 March 2009
|
|
Adnyamathanha People No. 1 (Angepena Pastoral Lease)
Adnyamathanha No. 1 Native Title Claim Group v The State of South
Australia (No. 2) [2009] FCA 359 |
Covers the area in and around the Flinders Ranges National Park.
|
Consent determination, native title exists in parts of the determination
area. |
14 years, 5 months, 25 days
|
12 years, 4 months
|
30 March 2009
|
|
Adnyamathanha People No. 2
Adnyamathanha No. 1 Native Title Claim Group v The State of South
Australia (No.2) [2009] FCA 359 |
Covers the area in and around the Flinders Ranges National Park.
|
Consent determination, native title exists in parts of the determination
area. |
14 years, 2 months, 22 days
|
10 years, 3 months
|
30 March 2009
|
|
Nyangumarta People (Part A)
Hunter v State of Western Australia [2009] FCA 654
|
Covers the area of 39 931 km2 in the northwest Pilbara and
southwest Kimberley regions. It includes the coastal area along Eighty Mile Beach and the land which extends east into the Great Sandy Desert. |
Consent determination, native title exists in parts of the determination
area. |
10 years, 9 months, 2 days
|
8 years, 11 months
|
11 June 2009
|
|
Worimi Local Aboriginal Land Council (Non-claimant application)
Worimi Local Aboriginal Land Council v Minister for Lands for the State
of New South Wales (No 2) [2008] FCA 1929 |
Covers the area at Boat Harbour in the Local Government Area of Port
Stephens. |
Litigated determination, native title does not exist.
|
3 years, 11 months, 12 days
|
2 months
|
18 December 2008
|
|
Irrwanyere Mt Dare Native Title Determination
Eringa, Eringa No 2, Wangkangurru/Yarluyandi and Irrwanyere Mt Dare
Native Title Claim Groups v The State of South Australia [2008] FCA 1370 |
Covers the area of the Witjira National Park.
|
Consent determination, native title exists in parts of the determination
area. |
3 years, 5 months, 13 days
|
3 years
|
11 September 2008
|
|
Lardil, Yangkaal, Gangalidda & Kaiadilt Peoples
Lardil, Yangkaal, Gangalidda & Kaiadilt Peoples v State of
Queensland [2008] FCA 1855 |
Covers Wellesley, South Wellesley, Forsyth and Bountiful Island groups,
around 400km north of Mt Isa. |
Consent determination, native title exists in the entire determination
area. |
2 years, 10 months, 28 days
|
2 years, 1 month, 3 weeks
|
9 December 2008
|
|
Eden Local Aboriginal Land Council (Non-claimant application)
Eden Local Aboriginal Land Council v Minister for Lands [2008] FCA 1934
|
Covers the area around Eden in New South Wales.
|
Consent determination, native title does not exist.
|
1 year, 5 months, 16 days
|
Non-claimant application – no mediation
|
17 December 2008
|
|
Nambucca Heads Local Aboriginal Land Council (Non-claimant
application) Nambucca Heads Local Aboriginal Land Council v Minister for Lands [2009] FCA 624
|
Covers an area from Mumbler Street and Belwood Road in Nambucca Heads, on
the mid-north coast of New South Wales. |
Unopposed determination, native title does not exist.
|
1 year, 5 months, 16 days
|
Non-claimant application – no mediation
|
10 June 2009
|
[1] The information in this
Appendix is sourced from W Soden, Registrar/Chief Executive Officer, Federal
Court of Australia, Correspondence to T Calma, Aboriginal and Torres Strait
Islander Social Justice Commissioner, Australian Human Rights Commission, 20
July 2009; National Native Title Tribunal, http://www.nntt.gov.au/Applications-And-Determinations/Search-Determinations/Pages/Search.aspx (viewed 22 July 2009).