Reeves J
In this matter, the Court made orders by consent concerning two applications (Claim #1 and Claim #2) recognising the non-exclusive rights of the Gudjala people to land and waters in North Queensland. The respondents to the claim were the State of Queensland, Charters Towers Regional Council, Flinders Shire Council, Ergon Energy Corporation Limited, Citigold Corporation Limited, Great Mines Pty. Ltd and various pastoralists.
In March 2014, a consent determination was made in relation to all parts of the Gudjala People's claim area except certain areas that were affected by military orders issued under reg 54 of the National Security (General) Regulations 1939 (Cth) (the military orders areas): Dodd on behalf of the Gudjala People Core Country Claim #1 v State of Queensland (No 3) [2014] FCA 231.
The question of extinguishment affecting the military orders areas was finally determined by the High Court in State of Queensland v Congoo (2015) 256 CLR 239; [2015] HCA 17.
Soon after, negotiations commenced for a final determination in relation to the military orders areas in Claim #1 and Claim #2 and the parties agreed to the proposed consent orders.
Rights and interests
Claim # 1
The native title rights and interests recognised in the land and waters described in Part 1 of Schedule 1 of the orders are the non-exclusive 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 and gather on the land and waters of the area for personal, domestic and non-commercial communal purposes;
take and use Natural Resources from the land and waters of the area for personal, domestic and non-commercial communal purposes;
take and use the Water 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; and
light fires on the area for domestic purposes including cooking, but not for the purpose of hunting or clearing vegetation.
The native title rights and interests recognised in the land and waters described in Part 2 of Schedule 1 of the orders are the non-exclusive rights to:
access, be present on, move about on and travel over 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; and
teach on the area the physical and spiritual attributes of the area.
The native title rights and interests in relation to the land and waters described in Part 3 of Schedule 1 of the orders is the non-exclusive right to access, be present on, move about on and travel over the area.
The native title is not held in trust.
Claim # 2
The native title rights and interests in relation to the land and waters described in Schedule 1 of the orders is the non-exclusive right to access, be present on, move about on and travel over the area.
Prescribed Body Corporate
The Ngrragoonda Aboriginal Corporation (ICN 7982) is to be the prescribed body corporate.