Wavehill v Northern Territory of Australia

In the Federal Court of Australia, Wavehill, a group of Aboriginal people, brought an action against the Northern Territory of Australia seeking a determination of their native title rights and interests over a specific area of land and waters. The case involved a consent determination under section 87 of the Native Title Act 1993 (Cth), requiring agreement from all parties involved.

The legal issues before the court were to determine the extent and nature of the native title rights and interests of the Wavehill group, identify the prescribed body corporate to hold and manage those rights, and establish whether native title existed over the disputed area. Additionally, the court had to determine the impact of other interests, such as pastoral leases and telecommunications facilities, on the native title rights.

The court found that native title existed over certain parts of the Determination Area but not over others, specifically identifying areas where native title was and was not recognised. The court also outlined the native title rights and interests of the Wavehill group, including their rights to travel, hunt, gather natural resources, and conduct cultural activities. The court determined that these rights were non-exclusive and did not exclude other interests from the land. It was established that an Aboriginal corporation would be the prescribed body corporate for the Wavehill group’s native title rights and interests.

The final orders included a determination of native title in accordance with the terms outlined, with specific instructions regarding the prescribed body corporate and the exclusion of trust holdings. The court granted liberty to apply for further clarifications on the boundaries of public works and improvements, and the legality of such improvements. Costs were not awarded, and the determination was made with the understanding that native title rights were for domestic or subsistence purposes only.