King v Northern Territory of Australia

In the case of King v Northern Territory of Australia, the central issue revolved around the application of section 47B of the Native Title Act 1993 (Cth) to the vacant Crown land within the town of Newcastle Waters. The Northern Territory argued that the proclamation of the town precluded the application of section 47B, which allows for the extinguishment of native title by prior interests to be disregarded. The applicants, however, sought to recognise native title rights and interests within the specified lots of the town. The court had to determine whether the proclamation effectively precluded the application of section 47B, and if so, to what extent.

The court examined the purpose of section 47B, noting its beneficial nature and the need to minimise the impact of native title determination applications on areas set aside for public or particular purposes. It held that a mere proclamation of a townsite did not define public purposes or a particular purpose within the meaning of section 47B(1)(b)(ii). The court also considered whether the intention to use the land for specified purposes could be gleaned from the proclamation itself or ascertained at the time of the application. The court preferred an objective basis for determining the imputed intention associated with the proclamation, finding that the alternative approach requiring factual inquiry at the time of application was not preferable.

Ultimately, the court concluded that the proclamation in this case did not preclude the application of section 47B, and thus native title rights and interests exist in relation to lots 19-26 inclusive in the township of Newcastle Waters. The court directed the parties to submit a draft determination and related orders within six weeks of the delivery of the reasons, or such further time as the court might determine, and granted liberty to apply on seven days' notice.