Reeves J
In this decision, Reeves J recognised the native title rights and interests of the Bar Barrum People over land and waters in the Atherton Tableland in and around the Walsh River in North Queensland. The respondents in this case are the State of Queensland, the Mareeba Shire Council, and Ergon Energy Corporation Ltd.
Rights and interests
Reeves J found that non-exclusive native title rights exist on the land and waters described in Part 2 of Schedule 1A, including the rights to: access, be present on, move about on and travel over the area; camp, and live temporarily on the area as part of camping, and for that purpose build temporary shelters; hunt, fish, gather and take natural resources, including water, from the land and waters of the area for personal, domestic and non-commercial communal purposes; conduct ceremonies on the area; be buried and bury native title holders within the area; 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; teach on the area the physical and spiritual attributes of the area; hold meetings on the area; and light fires on the area for domestic purposes including cooking, but not for the purpose of hunting or clearing vegetation.
In cases #2 and #4, Reeves J recognised exclusive native title rights and interests to possess, occupy, use and enjoy the land described in Part 1 of Schedule 1A of the judgement. In relation to water in this area, the Court recognised the non-exclusive rights to: hunt, fish and gather from the water and take and use the natural resources of the water for personal, domestic and non-commercial communal purposes.
No prescribed body corporate had been nominated by the Bar Barrum applicant at the time of the judgment.