Dowsett J
In this decision, the Court recognised the native title rights and interests of the Indjalandji-Dhidhanu people over approximately 19,730 square kilometres on the eastern Barkly Tableland, in the upper reaches of the Georgina River Basin and on the Queensland/Northern Territory border. The respondent parties include the Mt Isa City Council alongside several pastoralists and pastoral companies. The parties reached agreement as to the terms of the determination, and filed for consent orders under s 87 of the Native Title Act 1993 (Cth) (NTA).
Background
The claim was first lodged on 8 October 2009 but was preceded by 3 earlier claims, the first of which was lodged in 1996.
Rights and interests
The Court recognised the non-exclusive rights and interest of the Indjalandji-Dhidhanu people to access the area, camp, hunt, fish, take and use natural resources including water, light fires, conduct ceremonies, teach, maintain places of importance and be buried within the area. In addition, the Court recognised the right to be accompanied on to the determination area by the Bularnu Waluwarra Wangkayujuru law men who, though not native title holders, are people required by traditional law and custom for the performance of ceremonies related to the bushfire dreaming story on the determination area.
Decision
In making the determination, Dowsett J was assisted by a comprehensive anthropological report, the applicant’s submissions and affidavit material from the Queensland Department of Natural Resources and Mines.
Dhidhanu was found to be a clan or subgroup of Indjalandji, although there is no longer any ethnographic or social distinction between the two. The evidence identified three Indjalandji-Dhidhanu groups. The Court was prepared to infer that the Indjalandji-Dhidhanu people had enjoyed an unbroken physical connection to the claim area, dating back to a time prior to European contact.
Dowsett J was satisfied that it was appropriate for the Court to make the orders sought.
Prescribed Body Corporate
The Indjalandji-Dhidhanu Aboriginal Corporation was nominated as the prescribed body corporate.