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Woosup on behalf of the Ankamuthi People #1 & #2 v State of Queensland [2017] FCA 831; [2017] FCA 832

Year
2017
Jurisdiction
Queensland
Forum
Federal Court
Legislation considered
s 87 Native Title Act 1993 (Cth)
Summary

On 26 July 2017 the traditional owners of the north western part of Cape York Peninsula saw the Federal Court of Australia make orders that finalised three native title claims (QUD6158/1998, QUD392/2014, QUD780/2016) by consent. The three determinations are related to the extent that they recognise native title held by persons either comprising, or belonging to, the Northern Cape York Peninsula Regional Society.

On 29 October 1997, the Ankamuthi People lodged three separate applications with the National Native Title Tribunal (NNTT). By order of the Court on 21 July 1999 the three applications were combined to become application QUD6158/1998 (Ankamuthi People #1).

In 2014 the Court made orders determining the traditional rights and interests of the Northern Cape York #1 native title holding group constituted by the Angkamuthi Seven Rivers, the McDonnell Atampaya and the Gudang/Yadhaigana people: Woosup on behalf of the Northern Cape York #1 Native Title Claim Group (No 3) [2014] FCA 1148.

On 20 June 2014 a determination that native title exists was made by consent over the land and waters covered by the native title determination application QUD156/2011. On 30 October 2014 a determination that native title exists was made by consent over the land and waters covered by the native title determination application QUD157/2011.

In these proceedings, Greenwood J recognised the exclusive native title rights and interests (other than in relation to water) of the Ankamuthi People in relation to the western Cape York Peninsula covering all land and waters within ML 6024 and ML 7024 including the land and waters of Albatross Bay and the rivers and creeks running into it; the land and waters of Port Musgrave and the rivers and creeks running into it; the land and waters of and within the Weipa township boundary and land and waters extending 3 nautical miles from the coastline or the Territorial Sea Baseline as specified in the Western Cape Communities Co-Existence Agreement.

The applicants, the State of Queensland and RTA Weipa Pty Limited (as an assignee from the Rio Tinto Aluminium, formerly Comalco Aluminium) are parties to the Western Cape Communities Co-Existence Agreement dated 14 March 2001, which was registered on the Register of Indigenous Land Use Agreements (ILUA) as the Comalco ILUA on 24 August 2001. Respondent parties to these determinations include the State of Queensland, Cook Shire Council, Old Mapoon Aboriginal Corporation, Ergon Energy Corporation Limited, Alcan South Pacific Pty Limited, RTA Weipa Pty Limited, Rio Tinto Aluminium Limited and the Queensland Seafood Industry Association.

The Seven Rivers Aboriginal Corporation is to be the prescribed body corporate to hold the native title rights and interests in trust for the Ankamuthi people.