Dowsett J
In this decision, the Court recognised the native title rights and interests of the Tableland Yidinyji people to land and waters around the upper Barron River and its tributaries and Lake Tinaroo on the Atherton Tableland, northern Queensland. Native title was determined by consent under s 87 of the Native Title Act 1993 (Cth) (NTA).
Background
The claim was initially lodged as two claims in 1998 and then combined into the current claim in 2000. The respondent parties were the state of Queensland, Tablelands Regional Council, Cairns Regional Council, and Ergon Energy Pty Ltd.
Rights and interests
The Court recognised the non-exclusive rights of the Tableland Yidinyji 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.
Appropriateness of orders
Dowsett J was satisfied that it was appropriate for the Court to make the orders sought, noting the wealth of anthropological evidence available as well as the fact that the parties were legally represented. His Honour noted affidavit material which attested to the claimants’ continued acknowledgement and observance of traditional laws and customs in the claim area.
The applicants indicated their intention to nominate the Tableland Yidinyji Aboriginal Corporation as the prescribed body corporate for the determination. The Court ordered the applicants to file and serve submissions within six months demonstrating that the Corporation had amended its rule book to allow all native title holders aged 18 years and over, and no other persons, to apply for membership.