Logan J
In this matter the Court made orders by consent recognising the native title rights and interests of the Western Yalanji People in relation to their traditional lands in far north Queensland described in Schedule 1 of the determination. This determination concerned 2 claimss: Western Yalanji People #4 and combined claim Western Yalanji People #5/Western Yalanji People # 7.
Western Yalanji People #4 claim
The respondents were the State of Queensland, Cook Shire Council, Tablelands Regional Council, Telstra Corporation and a miner.
Rights and Interests
Exclusive
The native title rights and interests in relation to the land and waters described in Part 1 of Schedule 1 are the rights to possession, occupation, use and enjoyment of the area to the exclusion of all others and non-exclusive rights to hunt, fish, gather, take and use the natural resources and use the Water of the area for personal, domestic and non-commercial communal purposes.
Non- Exclusive
The native title rights and interests in relation to the land and waters described in Part 2 of Schedule 1 are the non-exclusive rights to access, be present on, move about on and travel over, camp, and live temporarily, hunt, fish and gather, take, use, share and exchange Natural Resources and Water for personal, domestic and non-commercial communal purposes, conduct ceremonies, be buried and bury native title holders within the area, maintain places of importance and areas of significance and protect those places and areas from physical harm, teach, light fires for domestic purposes and be accompanied by specified people.
Prescribed Body Corporate
The native title is not held in trust and the Western Yalanji Aboriginal Corporation RNTBC ICN 3326 is to be the prescribed body corporate.
WILLIAM STEVEN BRADY AND DESMOND BRICKEY ON BEHALF OF THE WESTERN YALANJI PEOPLE COMBINED #5 AND #7
The Court also made orders by consent recognising non-exclusive native title rights over two additional pastoral properties described in Parts 1 and 2 of Schedule 1 of the Western Yalanji People combined #5 and #7 application.
The State of Queensland, Cook Shire Council, Tablelands Regional Council and various private individuals and pastoralists were respondents.
Rights and interests
Non-exclusive native title rights and interests were recognised in relation to about 107,550 hectares of land subject to existing pastoral leases. The Court recognised a number of non-exclusive rights and interests, including the right to: light fires for domestic purposes (but not for hunting or clearing vegetation); access and camp on the area; enjoy the land; teach and conduct ceremonies; be buried in the determination area; and protect sites of significance on the area. These native title rights and interests are for personal, domestic and communal use, but do not include commercial use of the determination area or the resources from it.
Prescribed Body Corporate
The native title is not held in trust and the Western Yalanji Aboriginal Corporation RNTBC ICN 3326 is to be the prescribed body corporate.