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.
The time frame within which this application was progressed to a proposed consent determination was short. The parties took less than one year to reach the position where they asked the Court to make orders under s 87 of the NTA. The respondent parties to the application are the State of Queensland, Cook Shire Council, Torres Shire Council, Old Mapoon Aboriginal Corporation, Alcan South Pacific Pty Ltd, RTA Weipa Pty Ltd and Rio Tinto Aluminium Limited.
The determination area comprises part of Lot 8 on SP252492 north of the Ducie River and south of Palm Creek. The Court recognised the exclusive native title rights to possession, occupation, use and enjoyment of the area to the exclusion of all others, and in relation to water, the non‑exclusive rights to hunt, fish and gather from the water of the area, take and use the natural resources of the water in the area, and take and use the water of the area, for cultural, personal, domestic and communal purposes. The applicant relied on the provisions of s 47A of the NTA to disregard prior extinguishment to part of the DOGIT land held by the Old Mapoon Aboriginal Corporation. The Court in having regard to Dr Redmond’s reports, found that the requirement in s 47A(1)(c) that, at the time the application was made, one or more members of the claim group occupied the area, was satisfied.
The determination area does not include any part of the land or waters which are subject to the agreement known as the Western Cape Communities Co-existence Agreement. The Court determined that the native title must be held in trust by the Ipima Ikaya Aboriginal Corporation RNTBC.