Logan J
In this judgment, four determinations of native title were made in favour of the Djungan people over areas west and south-west of Mareeba in northern Queensland. The Djungan people lodged four claims over different areas in 1995, 1996, 1997 and 2001. The determinations were made by consent, after agreement had been reached between the Djungan people (the applicant), the State of Queensland, Ergon Energy, Tablelands Regional Council, and the Australian Wildlife Conservancy.
Reasoning
Logan J considered previous cases dealing with consent determinations made under s 87 of the Native Title Act 1993 (Cth) (NTA), and identified that the Court’s task is to determine whether the parties have reached agreement freely and on an informed basis. His Honour observed that the Court is not required to make its own inquiry into the merits of the claim, though it may consider the evidence for the limited purpose of determining whether the State had acted rationally and in good faith. Logan J held that it was appropriate in the circumstances to make the consent determination, because (among other reasons) all parties had legal representation and the State had played an active role in the negotiations, acting on behalf of the general community, having had regard to the NTA requirements and having conducted a thorough assessment process.
His Honour emphasised that one of Parliament’s primary intentions in passing the NTA was for native title claims to be resolved by agreement. Reflecting on the long time it had taken for these four claims to be resolved; Logan J said ‘native title claims which linger unresolved on a court list are an affront to our system of justice.’ He congratulated the parties and their legal representatives for their commendable willingness to co-operate, and drew particular attention to the State’s role in providing leadership to other respondents and observing its own model litigant standards.
Rights and interests
The rights and interests recognised by the determination included the right to exclusive possession of some areas, and in other areas the non-exclusive rights to access the land; to camp but not to live permanently; to hunt, fish and gather for personal, communal and domestic purposes; to take and use water for non-commercial purposes; to conduct ceremonies and maintain significant places, including protecting them from physical harm; to teach the attributes of the area; to light fires but not for hunting or clearing land; to bury and be buried.