Dowsett J
In this case the Court made a consent determination of native title in favour of the Mandingalbay Yidinji and the Gunggandji peoples under s 87A the Native Title Act 1993 (Cth) (NTA). The determination area is located near the Trinity Inlet in Queensland. The Court determined that the native title parties hold exclusive and non-exclusive native title rights and interests in relation to the land, and non-exclusive native title rights and interests in relation to water.
Litigation History
This matter covered a native title application by two groups, the Mandingalbay Yidinji and the Gunggandji. The respondents to the application were the State of Queensland, the Yarrabah Aboriginal Shire Council, Black and White (Quick Service) Taxis Pty Ltd, Ergon Energy Corporation Limited, Andrew Miller and Adrian Clive Murray and a number of Yarrabah residents who held or claimed interests in discrete blocks.
Legal Issues
Progress towards this determination was protracted. The Court noted that it involved the resolution of difficult questions of law relating to claims by blockholders to land pursuant to Queensland legislation. The Court also noted that a number of Indigenous land use agreements were in place.
In addition, the entire determination land was subject to the Yarrabah deed of grant in trust (‘DOGIT’) made pursuant to the Queensland land rights regime.
Despite these complications, the parties were able to come to an agreement. The parties agreed that the native title parties had exercised unbroken native title rights and interests in relation to the determination land since before sovereignty.
Decision
Dowsett J was satisfied that the agreement reached between the parties was in accordance with the requirements of s 87A of the NTA.
Rights and interests
The Court determined the following native title rights and interests in the claim area, other than in relation to water: rights to possession, occupation, use and enjoyment to the exclusion of all others.
The nature and extent of the native title rights and interests in relation to water were the non-exclusive rights to: hunt, fish and gather from the water of the area and take and use water for personal, domestic and non-commercial communal purposes.
Prescribed Body Corporate
No prescribed body corporate was nominated. The Court ordered an Aboriginal corporation be nominated to be the prescribed body corporate within six months of the determination.