Dowsett J
In this decision, the Court recognised the native title rights and interests of the Pitta Pitta people over about 30,000 square kilometres near the Queensland/Northern Territory border centred on the town of Boulia, about 200 kilometres south of Mt Isa.
Case History
The claim was first filed in 1999 but had been amended a number of times since. Two of the five people who made the original application passed away before seeing the recognition of native title. The respondent parties included the state of Queensland, the Boulia, Cloncurry, Diamantina and Winton Shire Councils, and a large number of pastoralists. Because the claim was so complex, it was referred to intensive case management in the Court in 2011 where the parties subsequently reached agreement.
Rights and Interests
The nature and extent of the native title rights and interests, other than in relation to water, are the non-exclusive rights to:
be present on, by accessing, traversing and camping on the area
hunt and gather on the area for non-commercial; personal, domestic, social, cultural and communal purposes
take and use natural resources from the area for non-commercial, personal, domestic, social, cultural and communal purposes
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
conduct ceremonies on the area
teach on the area the physical and spiritual attributes of the area and
light fires on the area for domestic purposes including cooking, but not for the purpose of hunting or clearing vegetation.
The nature and extent of native title rights and interests in relation to water are the non-exclusive rights to:
hunt, fish and gather from the water for personal, domestic, social, cultural and non-commercial communal purposes and
take and use the water for personal, domestic and non-commercial communal purposes.
Background
In his judgement, Dowsett J gave a brief history of the Pitta Pitta people since first European contact, noting the conflict and violence between the Pitta Pitta people and pastoralists over access to waterholes. His chronology drew attention to the infamous massacre of the Pitta Pitta people at the Woonamo waterhole in 1878. In the late 1880s and 1890s Pitta Pitta people settled into camps on cattle stations where they sought to maintain their traditional way of life.
The anthropological evidence showed that the Pitta Pitta people are made up of clan groups with shared perceptions, common celebrations, unity in dealing with enemies, related languages and a system of intermarriage. The reports also showed a continuing connection to country through: ceremony; a class system; marriage rules; rules for inheritance; a system of trade; and hunting and gathering. Twenty five claimants provided affidavit material confirming their continued connection to the claim area. Dowsett J held that it was clear that traditional laws and customs had survived with any changes the result of adapting to European settlement. The Court also had the benefit of genealogical charts detailing the members of the claim group.
Decision
The Court was satisfied that it should make the orders agreed to by the parties. The native title was ordered to be held in trust by the Pitta Pitta Aboriginal Corporation as the prescribed body corporate.