Dowsett J
In this matter, Dowsett J made orders by consent recognising the Yulluna People's non-exclusive native title rights and interests in relation to the determination area, a large catchment dominated by the Burke and Mort Rivers and their tributaries, as well as, in the east, Sandy Creek and several other major tributaries of the Hamilton River. All these flow south and west out of the Selwyn Ranges into, ultimately, Lake Eyre.
The State of Queensland, Boulia, Cloncurry, and McKinlay Shire Councils, various resource companies, pastoral interests and private individuals were the respondents..
Background
On 1 June 2010, the Yulluna People applied for a determination of native title over an area of about 10,027 km2 in northwest Queensland, located south of Mt Isa and Cloncurry and to the west of Dajarra.
Rights and interests
The native title rights and interests recognised in the area described in Part 1 of Schedule 1A of the orders are the non-exclusive rights to:
access;
camp and build temporary shelters for camping;
hunt, fish and gather on the land and waters for personal, domestic and non-commercial communal purposes;
take and use natural resources from the land and waters for personal, domestic and non-commercial communal purposes;
take and use the water for personal, domestic and non-commercial communal purposes;
conduct ceremonies;
maintain and protect places of importance and areas of significance;
teach on the area the physical and spiritual attributes of the area;
light fires for domestic purposes including cooking, but not for hunting or clearing vegetation.
His Honour also determined that native title does not exist in relation to the area set out in Part 2 of Schedule 1A of the orders. These orders were consistent with the terms agreed by the consenting parties.
Dowsett J considered the evidence filed in support including a report by anthropologist Mr Peter Blackwood, evidence from several members of the claim group and other anthropological materials. His Honour concluded that the claim group demonstrated it is the successor of the Yulluna People which held rights and interests over the claimed lands and waters at the time of the first assertion of British Sovereignty in 1861.
Dowsett J concluded that the application satisfied the test for a native title determination by consent and made the orders as requested.
Prescribed Body Corporate
The native title rights and interests be held on trust.
The Yulluna Aboriginal Corporation is to be the prescribed body corporate for the purpose of ss 56(2)(b) and 56(3) of the Native Title Act 1993 (Cth).