Reeves J
In this matter, Reeves J made orders by consent recognising the exclusive and non-exclusive rights and interests of the Bar Barrum People in relation to approximately 70 square kilometres of land in northern Queensland. The determination area is on the Atherton Tableland north of Herberton, extending along the Walsh River.
The State of Queensland was a respondent to the application, along with 20 other respondents known as the ‘Walsh River Respondents’.
Background
The claim was first filed in 2001. On 10 June 2016, Reeves J made determinations by consent in relation to four applications made by the Bar Barrum people in relation to surrounding lands. This matter was not able to be determined at that time as it was subject to a dispute between the applicants and the Walsh River Respondents about the nature and extent of any other interests in relation to the determination area. The Bar Barrum #5 applicants had originally sought to remove the Walsh River Respondents from the application by applying for an interlocutory application pursuant to s 84(8) of the Native Title Act 1993 (Cth) (NTA). After a successful mediation, the Bar Barrum applicants were given leave to withdraw the interlocutory application.
The Court was satisfied that all conditions had been met for the Court to make a determination of native title under s 87 of the NTA.
Rights and interests
Reeves J recognised the exclusive native title rights and interests of the Bar Barrum people to possession, occupation, use and enjoyment in relation to 0.12 square kilometres of the claim area.
In relation to Water, the Court recognised non-exclusive rights to hunt, fish and gather, take and use natural resources, and take and use water for personal, domestic and non-commercial communal purposes.
In relation to the remainder of the claim area, His Honour recognised non-exclusive native title rights to access and live on the land, hunt and gather, use natural resources for personal, domestic and non-commercial communal purposes and ceremonial, burial and cultural rights, including maintenance of significant places.
Prescribed Body Corporate
The Mbabaram Aboriginal Corporation (ICN 8449) is the nominated prescribed body corporate.
The native title is not held in trust.
Comments
Reeves J noted that research about land tenure histories conducted by state respondents to native title claims should ideally strike a balance between limited public resources and the need to resolve native title claims in a timely manner. His Honour commended the Queensland and South Australian governments’ use of ‘catch all’ public works clauses and generic exclusion clauses to protect the public interest in the event that their streamlined land tenure research fails to identify an extinguishing act.