Hayes v Northern Territory

Case [1999] FCA 1248


FEDERAL COURT OF AUSTRALIA

Hayes v Northern Territory [1999] FCA 1248

CATCHWORDS

ABORIGINALS AND TORRES STRAIT ISLANDERS – native title – claimant application for determination of native title – identification of native title holders.

ABORIGINALS AND TORRES STRAIT ISLANDERS – native title – identification of traditional laws and customs in relation to land.

ABORIGINALS AND TORRES STRAIT ISLANDERS – native title – extinguishment of native title – previous exclusive possession acts.

ABORIGINALS AND TORRES STRAIT ISLANDERS – native title – extinguishment of native title – reservation or setting aside of land inconsistent with continuation of native title.

ABORIGINALS AND TORRES STRAIT ISLANDERS – native title – Native Title Act
s 47B – occupation of land at time of application.

ABORIGINALS AND TORRES STRAIT ISLANDERS – native title – form of determination of native title.

Aboriginals Ordinance 1918 (NT)
Aboriginal Land Rights (Northern Territory) Act  1976 (Cth)
Airservices Act  1995 (Cth)
Civil Aviation Act  1988 (Cth)
Civil Aviation Legislation Amendment Act  1995 (Cth)
Conservation Commission Act  (NT)
Control of Roads Act (NT)
Control of Waters Ordinance  1938 (NT)
Crown Lands Act  1992 (NT)
Crown Lands Ordinance 1912( NT)
Crown Lands Ordinance  1924 (NT)
Crown Lands Ordinance  1927 (Central Australia)
Crown Lands Ordinance  1931 (NT)
Crown Lands Regulations (NT)
Energy Pipelines Act  1981 (NT)
National Security Act  1939 (Cth)
National Security (General) Regulations (Cth)
Native Title Act 1993 (Cth)
Native Title Amendment Act  1998 (Cth)
Northern Australia Act  1926 (Cth)
Northern Territory Act  1863 (SA)
Northern Territory Aboriginals Act  1910 (SA)
Northern Territory Aboriginal Sacred Sites Act  1989 (NT)
Northern Territory (Administration) Act 1912 (Cth)
Northern Territory Land Act  1872 (SA)
Northern Territory (Self Government) Act  1978 (Cth)

Parks and Wildlife Commission Act (NT)
Real Property Act (NT)
Soil Conservation and Land Utilization Act (NT)
Special Purposes Leases Act (NT)
Territory Parks and Wildlife Conservation Act (NT)
Validation (Native Title) Act (NT)
Validation of Titles and Actions Act 1994 (NT)
Waste Lands Act 1857 (SA)
Waste Lands Amendment Act 1865-1866 (SA)
Water Act 1992 (NT)
Wildlife Conservation and Control Ordinance 1963 (NT)

Mabo and Others v The State of Queensland (No 2) 175 CLR 1 Applied
The Wik Peoples v The State of Queensland 187 CLR 1 Applied
The Queen v Toohey;  ex parte Meneling Station Pty Ltd 158 CLR 327 Applied
Eaton v Yanner (unreported:  Queensland Court of Appeal, 27/8/1998) Referred to
Kruger v The Commonwealth 190 CLR 1 Referred to

MYRA HAYES AND OTHERS v THE NORTHERN TERRITORY OF AUSTRALIA AND OTHERS

DG No 6002 of 1996

OLNEY J
ALICE SPRINGS
9 SEPTEMBER 1999

IN THE FEDERAL COURT OF AUSTRALIA

NORTHERN TERRITORY DISTRICT REGISTRY

DG No 6002 of 1996

BETWEEN: 

MYRA HAYES AND OTHERS

  APPLICANTS

AND: 

THE NORTHERN TERRITORY OF AUSTRALIA
 AND OTHERS

  RESPONDENTS

OLNEY J:

The applicants in this matter seek a determination of native title in respect of 166 separate parcels of land in and near Alice Springs.

For reasons set out in the judgment I am about to publish, I have concluded that native title exists…

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Details
AGLC
Hayes v Northern Territory [1999] FCA 1248
Case
[1999] FCA 1248
Decision Date

CaseChat Overview and Summary

The applicants in this case were the traditional owners of land in the Northern Territory, represented by the Central Land Council, and the respondent was the Northern Territory of Australia. The dispute centred on the determination of native title over certain parcels of land, the identification of traditional laws and customs pertaining to that land, and the extinguishment of native title by virtue of previous acts of exclusive possession and inconsistent reservations of land. The matter was heard by the Federal Court of Australia.

The central legal issues before the court were whether the applicants could be identified as the native title holders of the land in question, what traditional laws and customs were associated with that land, and whether the native title had been extinguished by acts of exclusive possession or inconsistent reservations. The court also had to consider the appropriate form of the determination of native title in accordance with the Native Title Act.

The court found that the applicants were indeed the native title holders, identifying the traditional laws and customs that were relevant to the land. The court further determined that the native title had not been extinguished by previous acts of exclusive possession or inconsistent reservations. It was noted that the applicants had maintained a continuous connection with the land and its traditions. The court also held that the determination of native title should be made in a form that recognised and preserved the traditional laws and customs of the native title holders.

The final orders of the court were that the native title of the applicants over the land in question was recognised and protected, and that the determination of native title was to be made in a form that gave effect to the traditional laws and customs of the native title holders.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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