Dowsett J
In this matter the Court made orders by consent recognising the Mamu People’s native title rights and interests in an area from Cooper Point in the north to North Maria Creek in the south, extending inland for a distance of about 50 kilometres in Far North Queensland. On the coast, the principal centre is the city of Innisfail.
The respondents were the State of Queensland, Cairns Regional Council, Cassowary Coast Regional Council, Tablelands Regional Council, Ergon Energy Corporation Limited and various private individuals.
Background
The history of the claim is discussed in Justice Dowsett’s reasons in Brooks on behalf of the Mamu People v State of Queensland (No 3) [2013] FCA 741.
Following the filing of the consent agreement other indigenous people asked to be joined in the proceedings to establish interests in the claim area which are not recognized in the agreement. The Court declined to join those parties, primarily because they had failed to raise their claims at the appropriate times, notwithstanding their being aware that these proceedings were on foot. His Honour held at [12]:
Much time, effort and money is invested in the conduct of native title proceedings. By their nature, such proceedings are difficult to resolve speedily. Where parties wait until late in the conduct of such proceedings before seeking to be joined, they should not be surprised if the Court refuses to join them, notwithstanding the fact that they may have arguable reasons for seeking joinder.
Rights and Interests
Exclusive
In relation to the land and waters described in Part 1 of Schedule 1,other than Water as defined, the native title rights and interests recognised are the rights to possession, occupation, use and enjoyment of the area to the exclusion of all others. In relation to Water, the non-exclusive rights to hunt, fish and gather, take and use the Natural Resources and take and use the Water of the area. The rights and interests recognised are for personal, domestic and non-commercial communal purposes.
Non-exclusive
In relation to the land and waters described in Part 2 of Schedule 1, the native title rights and interests recognised are the non-exclusive rights to:
access, be present on, move about on and travel over the area;
to camp on the area and, for that purpose, erect temporary shelters on the area;
hunt, fish and gather on the land and waters of the area for personal, domestic, and non-commercial communal purposes;
take and use Natural Resources from the land and waters of the area for personal, domestic and non-commercial communal purposes;
take and use the Water of the area for personal, domestic and non-commercial communal purposes;
conduct ceremonies on the area;
maintain places of importance and areas of significance to the native title holders under their traditional laws and customs and protect those places and areas from physical harm;
teach on the area the physical and spiritual attributes of the area;
light fires on the area for domestic purposes including cooking, but not for the purpose of hunting or clearing vegetation; and
be buried and bury native title holders within the area.
Prescribed Body Corporate
The native title is not held in trust and the Mamu Aboriginal Corporation, ICN 3789, is to be the prescribed body corporate.