Collier J
In this matter the Court considered 4 interlocutory applications in relation to the Darumbal People and Darumbal People#2 native title claim applications to change the composition of the relevant native title groups and replace the current Applicant. The Replacement Applicant also seeks leave to combine the Darumbal claims and separate them into 2 parts in anticipation of a overlapping native title determination application being lodged by the Yetimarla People.
Background
The two Darumbal claims cover approximately 52,380 square kilometres of land and off-shore waters including Rockhampton, Yeppoon and Marlborough in Queensland.The Darumbal claim covers the Shoalwater Bay Military Training Facility, Byfield National Park, a number of islands extending to the eastern extremity of the Great Barrier Reef as well as reserves, USL, mining and pastoral leases. Darumbal #2 is a lot specific claim covering the same tenure types as the Darumbal claim but without the offshore component.
Queensland South Native Title Services (QSNTS), which provides legal representation to the Darumbal claimants, commissioned anthropological research in relation to the issue of a continuing Darumbal society. Two authorisation meetings were then held to enable the current Native Title Claim Groups to consider the anthropological research and decide whether to authorise an amendment to the description of the Native Title Claim Group in both claims.
The first meeting resolved to change the description of the claim group. The second meeting was conducted as a meeting of the new claim group. This meeting authorised the Replacement Applicant to make the Durambal and Durambal #2 claims, combine the claims, amend the external boundaries of the combined claim and implement a mediated agreement with the Southern Barada Barna Kabalbara Yetimarla People in relation to the western boundary of the claim area.
Conclusion
After considering the parties submissions the Court was satisfied that the applications to replace the Applicant and combining the claims should be granted but adjourned the separation of the combined claim to the next directions hearing.