Dowsett J
In this matter, Dowsett J recognised the native title rights and interests of the Yulluna people in relation to an area of unallocated state land omitted erroneously from the determination made in Sullivan on behalf of the Yulluna People #3 v State of Queensland [2014] FCA 659 over approximately 10,027 square kilometres of land near Duchess in north western Queensland. The State of Queensland was the only respondent to the claim.
The matter related to a discrete area of unallocated state land (USL) described as Lot 103 on USL 703. The original application submitted in Yulluna People #3, failed to include reference in the written boundary description to that specific lot. Lot 103 was the subject of an interlocutory application filed on behalf of the claim group in March 2014. The application sought leave to amend the earlier determination to include Lot 103 on the basis that the original application contained a defect or error by excluding reference in the written boundary description to that specific lot. The Court refused the application, and the Yulluna #4 claim was lodged as a result. Both the applicant and the State agreed to progress the claim to a consent determination as soon as possible, in terms consistent with the Yulluna People #3 determination. Both the applicant and the state relied upon connection material that was filed in relation to the Yulluna #3 claim.
Dowsett J was satisfied on the evidence that a genuine error was made with respect to the external boundary description in the earlier determination. His Honour recognised the Yulluna people’s non-exclusive native title rights and interests in relation to the claim area. The Yulluna Aboriginal Corporation RNTBC is to be the prescribed body corporate for the area.