The National Native Title Tribunal must undertake a fresh assessment of the Mantjintjarra Ngalia 2 native title claim after the Federal Court last week rejected the NNTT’s assessment that the claim did not measure up to the Registration Test laid out in the Native Title Act.

The Mantjintjarra Ngalia 2 claim adjoins the north-east boundary of the former Wongatha claim.

In considering an appeal by the GLSC of the NNTT’s decision the Federal Court ordered the tribunal to conduct a second, more comprehensive assessment. Justice McKerracher found that the NNTT had not complied with the Native Title Act and quashed its decision.  

“It is a very positive outcome for the Mantjintjarra Ngalia people and we are very confident that when their application is given the thorough assessment that the NNTT has ordered that the people’s claim will be successfully registered,” said Executive Director Brian Wyatt.

During the assessment process the GLSC had made a request to the NNTT for it to be allowed to submit additional information but permission was not granted, despite earlier changes to the Native Title Act obliging the tribunal to seek that information. The extra information has a bearing on the crucial issue of the Mantjintjarra Ngalia 2 people’s historical connection to the area and the depth of their traditional society.

“These proceedings have again highlighted how tough it is under Australian law for Aboriginal people to obtain recognition of their past ownership of their traditional lands and a measure of justice in terms of ongoing use of those lands for cultural purposes and possible economic benefit.

Media Contact:  Brian Wyatt 0417 970413;    David Berry 0417 963089, 9263 8715