Reeves J
In this case Reeves J recognised the native title rights and interests of the Bigambul people over land and waters in Queensland. The respondent parties included the State of Queensland, the Goondiwindi Regional Council, and the Toowoomba Regional Council and others.
On 18 October 2016 the Court made orders by consent splitting the Bigambul native title determination proceeding into two parts – Bigambul Part A and Bigambul Part B. Bigambul Part B comprised six parcels of land that were affected by the Full Court appeal from the judgment in Doyle and others on behalf of the Iman People #2 v State of Queensland (Iman) [2016] FCA 13. On 1 December 2016 the Court made a consent determination of native title in Doctor on behalf of Bigambul People v State of Queensland [2016] FCA 1447 (Bigambul Part A).
The Full Federal Court decision in Iman [2016] FCAFC 189 delivered on 21 December 2016 was that grants made by the State were valid previous exclusive possession acts under s 23B of the NTA, and as such any native title rights and interests held with respect to the land and waters affected by those grants had been extinguished. As a consequence of the Iman decision the parties in Bigambul Part B agreed that native title has been extinguished over all of the land and waters in Part B save for a number of parcels comprising approximately 92,853 hectares and located within in the Kumburilla, Waar Waar and Boondandilla State Forests. On 24 May 2017 the parties filed an agreement with the Court containing a proposed determination of native title with respect to the relevant areas.
The same evidence considered in determining Bigambul Part A was relied upon in Bigambul Part B. Reeves J was satisfied that the identification of the native title claimants, and the extent of their native title rights and interests, required by s 225(a) and (b) NTA respectively, were properly articulated.
The non-exclusive rights and interests recognised include the right to access, camp, hunt, fish and gather resources, and conduct ceremonies and maintain places of importance and areas of significance within the determination area.
The Bigambul Native Title Aboriginal Corporation ICN No 8479 is the nominated prescribed body corporate for the determination area.