Dowsett J
In this case the Court made a consent determination of native title in favour of the Kowanyama people under s 87A of the Native Title Act 1993 (Cth). The determination area is situated between the Coleman and Staaten Rivers on the western side of Cape York Peninsula in Queensland.
Litigation History
This determination followed a partial determination made by Greenwood J on 22 October 2009 over part of the land claimed in the Kowanyama people’s original native title claim (Kowanyama People v State of Queensland [2009] FCA 1192) (Part A). In this matter, the parties agreed that both exclusive and non-exclusive native title exists over two further areas within the boundaries of the original claim (Parts B and C).
Decision
The Court noted that it had no reason to doubt the appropriateness of the parties’ consensual resolution of the matters previously in dispute, and that they had had the benefit of legal advice and substantial anthropological and other research. Accordingly, the Court made the consent determination as agreed by the parties.
Rights and interests
The determination recognised non-exclusive rights to access the area, hunt, fish, take natural resources and water, live and camp on the area, light fires, be buried, conduct ceremonies, teach and maintain places of importance.
Prescribed Body Corporate
The Abm Elgoring Ambung Aboriginal Corporation was nominated as the prescribed body corporate.