Reeves J
In this case, Reeves J recognised the native title rights and interests of the Iman People over 13,997 square kilometres of land in Central Queensland surrounding the towns of Taroom and Wandoan, including Robinson Gorge National Park, Expedition National Park and Isla Gorge National Park.
In October 1997, three native title applications were made with the NNTT. Two of the applications have since been dismissed or discontinued. The respondents to the this claim include the State of Queensland; the Western Downs, Maranoa, and Central Highlands Regional Councils; the Banana Shire Council; Ergon Energy Corporation Limited; Telstra Corporation Limited; a number of mining companies and pastoralists. The parties reached an agreement to resolve this proceeding in relation to all but three sections of land within the claim area, and sought a determination in accordance with the terms of the agreement which were filed with the Court on 7 June 2016.
Rights and interests
The Court held that the native title rights existed over the determination area in 4 separate parts. In relation to Part 1, which covers the land and waters in the north-west corner of the determination area, Reeves J recognised the right to possess, occupy, use and enjoy the area to the exclusion of all others. The rights recognised in relation to water include the non-exclusive rights to hunt, fish and gather from the water of the area; take and use the natural resources of the water in the area; and take and use the water of the area, for personal, domestic and non-commercial communal purposes.
In relation to the remaining area, including the townships of Taroom and Wandoan, the Court recognised the following common non-exclusive rights: the right to access, be present on, move about on and travel over the area; the right to fish and gather on the land and waters of the areas for non-commercial purposes; the right to 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; the right to teach on the area the physical and spiritual attributes of the area; the right to be accompanied on the area by those persons who, though not native title holders, are: spouses of native title holders or are persons required or permitted under the traditional laws to assist in ceremonies; and the right to be buried and bury native title holders within the area
His Honour recognised separate rights over Part 2 (which encompasses a large portion of the land and water, excluding townships) and Wandoan to share and exchange natural resources from the land and waters for non-commercial purposes. His Honour also recognised the right to perform dances, conduct smoking ceremonies and ceremonies associated with the reinterment of remains in Wandoan and Taroom. In relation to Part 2, His Honour recognised the right to camp and live temporarily on the area as part of camping, and for that purpose build temporary shelters. The Court also recognised the right to hunt for non-commercial purposes in Wandoan, but not to do so using weapons as defined in the Weapons Act 1990 (Qld).
Reeves J noted that the native title rights are subject to the interests of the respondents, which may be exercised notwithstanding the existence of native title rights and interests. The other interests include various Indigenous land use agreements entered between a number of pastoralists, resources and energy companies and local government bodies.
Noting the length of time that application has taken since being filed, Reeves J endorsed the observations of Rares J in Prior on behalf of the Juru (Cape Upstart) People v State of Queensland & Ors (No 2) [2011] FCA 819 (at [32]) that ‘justice delayed is justice denied’. Reeves J argued that since the 2009 amendments to the NTA and the introduction of Part VB to the Federal Court of Australia Act 1976 (Cth), the Court has sought to use its case management powers to attempt to reduce and avoid these sorts of delay occurring in its native title lists. The Court has also adopted a priority listing system of native title proceedings to attempt to ensure that its native title lists are dealt with as justly, quickly, inexpensively and efficiently as possible.
Wardingarri Aboriginal Corporation is the nominated prescribed body corporate.