Lynch on behalf of the members of the Alherramp/Rrweltyapet, Ilewerr, Mamp/Arrwek, Tywerl, Arrangkey, Anentyerr/Anenkerr and Ntyerlkem/Urapentye Estate Groups v Northern Territory of Australia

The case before the court was a native title determination application brought by seven Aboriginal groups against the Northern Territory of Australia. The parties sought a declaration of native title over specific areas of land and water, as well as the establishment of a prescribed body corporate to manage the rights and interests. The court was required to determine whether the application satisfied the criteria set out in section 87 of the Native Title Act 1993 (Cth) to grant jurisdiction, and whether it was appropriate for the court to make an order in terms of the agreement reached by the parties.

The court found that the application met the requirements of section 87, as the parties had reached a consent determination. The court also considered that making an order in line with the agreement would serve the central object of the Act, which is to resolve native title claims by negotiation and agreement. The court recognised that native title had existed in the claim area according to the traditional laws and customs of the seven estate groups prior to the establishment of the Australian legal system. The court determined that the orders did not create native title but recognised the long-held and pre-existing native title.

The court determined that native title exists in the determination area, except for specific areas identified in Schedule C. The native title holders are Aboriginal persons who are members of one or more of the seven estate groups through descent or accepted by senior members of a landholding group. 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 access, travel, hunting, gathering, fishing, taking and using natural resources, and conducting cultural activities. The court also outlined other rights and interests in the determination area, such as pastoral leases, energy supply easements, pipeline rights, and exploration licences. The court further clarified that native title rights and interests do not exist in minerals, petroleum, or prescribed substances.

In conclusion, the court determined that the Alherramp Ilewerr Mamp Arrangkey Tywerl Aboriginal Corporation would be the prescribed body corporate for the purpose of section 57(2) and would perform the functions outlined in section 57(3) of the Act. The court made orders for the determination of native title, establishment of the prescribed body corporate, and liberty for the parties to apply for specific purposes. The court also noted that there would be no order as to costs.