Reeves J
In these matters, Reeves J made determinations by consent recognising the native title rights and interests of the Bar Barrum People over land and waters on the Atherton Tablelands in North Queensland. Determination of the Bar Barrum People’s application #9 related to approximately 1.5 square kilometres of pastoral land in the Walsh River district. Determination of application #10 related to all watercourses and lakes within a bounded area on the Tablelands that were not part of the five Bar Barrum determinations made in 2016. Respondents to application #9 were the State of Queensland, Mareeba Shire Council and the Osborne Property Company Pty Ltd. Respondents to application #10 included the State of Queensland, Mareeba Shire Council, and Ergon Energy Corporation Limited.
Applications #9 and #10 were lodged in November 2015 and in August 2016 respectively. Amendment was made to #9 to change the description of the claim group, and some technical amendments were made to #10. The parties agreed to the terms of both determinations with the parties to #9 having failed to reach agreement on any upgrade of the pastoral lease to freehold.
The non-exclusive rights recognised include rights to: access and move freely over the determination areas; camp and erect shelters; hunt, fish, gather, take and use natural resources for non-commercial purposes; conduct ceremonies; maintain areas of significance; teach; hold meetings; and light fires for domestic, but not hunting or clearing purposes. In relation to the #9 pastoral land, his Honour recognised the right of the Bar Barrum people to conduct burials.
Reeves J made note (at [18]) that these applications were the last made on behalf of the Bar Barrum People over a period of twenty-six years, and that consequently, these determinations culminate in the successful recognition of native title over the whole of Bar Barrum traditional lands.
The Mbabaram Aboriginal Corporation is the nominated prescribed corporate body for the purposes of s 57(2) of the NTA.