Jagot J
In this matter the Court made orders by consent recognising the native title rights and interests of the Bandjalang people over various areas of land and waters on the north coast of New South Wales, at and around Evans Head.
Background
This application was based on two amended applications for determination of native title known as the Bandjalang No 1 and Bandjalang No 2 claims. Justice Jagot noted that the claim had taken some seventeen years to conclude, had been through the hands of five judges of the Federal Court and the original applicant did not live to see the matter to conclusion.
Recognising that only two previous native title consent determinations have been made in New South Wales, Her Honour called for renewed dedication to ensure native title claims are resolved justly, according to law and as quickly, inexpensively and efficiently as possible.
The Court also noted that it was the intention of the State of New South Wales and the Applicant to enter into an Indigenous Land Use Agreement without delay for the following purposes:
to establish regimes for the future management of the State Forests, National Parks, Crown reserves, the travelling stock reserves and the fisheries resource within the Consent Determination Area;
to provide a regime for the undertaking of Future Acts in the Consent Determination Area; and
to achieve a final settlement with the Bandjalang People for any past affect to their native title rights and interests
The named respondents were the State of New South Wales and others.
Rights and Interests - non-exclusive
The native title rights and interests recognised in the area identified in Schedule One of the consent determination are:
(a) the right to hunt, fish and gather the traditional natural resources of the Consent Determination Area for non-commercial personal, domestic and communal use;
(b) the right to take and use waters on or in the Consent Determination Area;
(c) the right to access and camp on the Consent Determination Area;
(d) the right to do the following activities on the land:
(i) conduct ceremonies;
(ii) teach the physical, cultural and spiritual attributes of places and areas of importance on or in the land and waters; and
(iii) to have access to, maintain and protect from physical harm, sites in the Consent Determination Area which are of significance to the Bandjalang People under their traditional laws and customs.
Prescribed Body Corporate
The native title is to be held on trust. and the Bandjalang Aboriginal Corporation Prescribed Body Corporate (ICN 7930) is to be the prescribed body corporate.