Logan J
In this decision, Logan J made orders by consent recognising the Warrungnu People's native title rights and interests in relation to various lands and waters in the Herbert/Burdekin region of Queensland that cover a total area of approximately 2,644 sq km.
The respondents were the State of Queensland, Tablelands Regional Council, Ergon Energy Corporation Limited, together with various pastoral holders.
After considering the archaeological, historical, anthropological and other affidavit evidence filed in support of the claim the Court was satisified that the Warrungnu people today are descended from the community of people who spoke the Warrungnu language and used and occupied Warrungnu country prior to 1788. Logan J found, at [25] that "...while there had been some adaptation of laws and customs as a result of sustained European settlement, those changes have not affected the laws and customs of the Warrungnu people to the extent where those laws and customs are no longer observed."
The Court held that this material satisfied the requirements of ss 223 and 225 of the Native Title Act 1993 (NTA) and all it was appropriate to make the consent orders.
Rights and interests
Exclusive native title rights and interests was recognised in relation to the land referred to in Part 1 of Schedule 1 the determination.
Non-exclusive native title was recognised in the Water set out in Part 1 of Schedule 1.
Non-exclusive native title was also recognised in relation to the land and waters described in Part 2 of Schedule 1. These rights and interests include the rights to:
access and camp on the area; enjoy the land; hunt, fish and gather for personal, domestic and non-commercial communal purposes; teach and conduct ceremonies; and protect sites of significance on the area.
The Court recognised other interests under Indigenous Land Use Agreeements between the Warrungnu People (either through individual representatives or through the Goondaloo Aboriginal Corporation) and:
The Wet Tropics Management Authority and the State of Queensland;
The Tablelands Regional Council;
Ergon Energy Corporation; and
Several individuals holding term leases, pastoral leases and preferential pastoral leases.
The Court was satisfied that the agreements between the parties were freely entered into on an informed basis and that the State of Queensland had taken steps to satisfy itself that there was a credible basis for the applications.
The Goondaloo Aboriginal Corporation is to be the prescribed body corporate for the purposes of s 57(2) of the NTA.