Dowsett J
In this matter the Court made orders by consent recognising the native title rights and interests of the Tableland Yidinji people in an area around the upper Barron River and its tributaries and Lake Tinaroo on the Atherton Tableland in North Queensland.
The claim area adjoins an area of native land and waters determined in late 2012. The current claim was filed in 2004 but a hearing was scheduled separately after it was discovered that some parts of the claim area were available for an order for exclusive possession.
The respondents were the State of Queensland, Cairns Regional Council, Tablelands Regional Council, Ergon Energy Corporation Limited, Black & White (Quick Service) Taxis Ltd and Guiseppe Masasso.
Rights and interests
Exclusive
In relation to the land and waters described in Part 1 of Schedule 1 of the determination the rights and interests recognised are:
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, take and use the Water and the Natural Resources 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 of the determination are the non-exclusive rights to:
(a) access, be present on, move about on and travel over the area;
(b) camp, and for that purpose, build temporary shelters;
(c) hunt, fish and gather on the land and waters of the area for personal, domestic and non-commercial communal purposes;
(d) take, use and share Natural Resources from the land and waters of the area for personal, domestic and non-commercial communal purposes;
(e) take and use the Water of the area for personal, domestic and non-commercial communal purposes;
(f) light fires on the area for domestic purposes including cooking, but not for the purpose of hunting or clearing vegetation;
(g) conduct ceremonies on the area;
(h) teach on the area the physical and spiritual attributes of the area;
(i) 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; and
(j) be buried and bury native title holders within the area.
Prescribed Body Corporate
The native title is not to be held in trust and the Tableland Yidinji Aboriginal Corporation (ICN:7109) is to be the prescribed body corporate.