Logan J
In this matter the Court made orders by consent recognising the Ewamian People’s native title rights and interests over various lands in the savannah area of Queensland west of the Great Dividing Range, including the Townships of Georgetown, Forsyth, Mt Surprise and Einasleigh.
Two applications were heard together due to their geographic proximity and the need to consider the same anthropological evidence:
the Ewamian # 2 claim, a ‘lot specific’ claim in the sense that a number of discrete allotments defined by lot on plan descriptions covering a total approximate area of 186.1159 sq km; and
the Ewamian # 3 claim, a broad based country claim, subject to certain stipulated exceptions, covering an area of 28, 485.2912 sq km.
The respondents were the State of Queensland, Etheridge Shire Council, Tablelands Regional Council, Ergon Energy Corporation Limited, Telstra Corporation Limited and various pastoralists.
Rights and interests
Exclusive
The nature and extent of the native title rights and interests in relation to the land and waters described in Part 1 of Schedule 1 are:
other than in relation to Water, the rights to possession, occupation, use and enjoyment of the area to the exclusion of all others; and
in relation to Water, the non-exclusive rights to:
hunt, fish and gather from the Water of the area;
take and use the Natural Resources of the Water in the area; and
take and use the Water of the area,
for personal, domestic and non-commercial communal purposes.
Non-exclusive
The nature and extent of the non-exclusive rights native title rights and interests in relation to the land and waters described in Part 2 of Schedule 1 are:
to access, be present on, move about on and travel over the area;
to occupy, use and camp on the area, but not to reside permanently, and for that purpose to construct temporary structures;
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;
be buried and bury Native Title Holders within 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; and
light fires on the area for domestic purposes including cooking, but not for the purpose of hunting or clearing vegetation.
The nature and extent of the native title rights and interests in relation to the land and waters described in Part 3 of Schedule 1 (town areas) are the non-exclusive rights to access, be present on, move about on and travel over the area.
Prescribed Body Corporate
The native title is not held in trust and the Tatampi Puranga Aboriginal Corporation ICN 7950 is to be the prescribed body corporate.