Dowsett J
In this matter the Court made orders by consent recognising the native title rights and interests of the Barada Barna People and the Widi People over 17,212 square kilometres of land between the Denham and Peak Ranges to the west and the Connors and Broadsound Ranges to the east in Queensland (Shared Country Determination).
The respondents to the proceedings were the State of Queensland, the Central Highlands, Isaac and Mackay Regional Councils, Ergon Energy Corporation Ltd, Telstra Corporation Ltd and SunWater Ltd and a number of mining companies and pastoralists.
The Shared Country Determination arises out of two applications made on behalf of the Barada Barna people and the Widi people. These applications were combined and a dispute over the boundary between Barada Barna country and Widi country resolved.
Dowsett J was satisfied that it was appropriate to make a determination consistent with the agreement of the parties.
The determination recognises that the Barada Barna People and the Widi People hold native title over Shared Country and the Barada Barna People hold non-exclusive native title over the Barada Barna area and the Widi People hold non-exclusive native title over the Widi #2 area.
Part of the Barada Barna application over certain parcels of land outside the shared area was discontinued on the basis that native title over those areas has been extinguished.
Rights and interests
The native title rights and interests recognised in relation to the determination area are the non-exclusive rights to:
(a) access, be present on, move about on and travel over the area;
(b) camp, and live temporarily on the area as part of camping, and for that purpose build temporary shelters;
(c) hunt, fish and gather on the land and waters of the area for personal, domestic and non-commercial communal purposes;
(d) take, use, share and exchange Natural Resources from the land and waters of the area for personal, domestic and non-commercial communal purposes;
(e) take and use the Water of the area for personal, domestic and non-commercial communal purposes;
(f) conduct ceremonies on the area;
(g) be buried and bury native title holders within the area;
(h) 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;
(i) teach on the area the physical and spiritual attributes of the area;
(j) hold meetings on the area; and
(k) light fires on the area for domestic purposes including cooking, but not for the purpose of hunting or clearing vegetation.
The native title is to be held in trust.
Prescribed Bodies Corporate
In relation to the Barada Barna country, the Barada Barna Aboriginal Corporation (ICN: 8343) is to be the trustee and prescribed body corporate for the purposes of ss 56(1) of the Native Title Act 1993 (Cth) (NTA).
In relation to the Widi country the Gangali Narra Widi Aboriginal Corporation (ICN 8363) is to be the trustee and the prescribed body corporate for the purposes of ss 56(1) of the NTA.