Reeves J made orders recognising the native title of the Bar Barrum people to land and waters on the Atherton Tableland in and around the Walsh River and to the west of the Wild River in North Queensland.
The respondent parties include the State of Queensland; Mareeba Shire Council; Ergon Energy Corporation Limited); Telstra Corporations Limited; Jodie Bunney and Lachlan Shaw.
QUD 6015 of 2001 (Bar Barrum People #2) and QUD 6017 of 2001 (Bar Barrum People #3) were filed with the Court on 27 April 2001. QUD 6030 of 2001 (Bar Barrum People #4) and QUD 6032 of 2001 (Bar Barrum People #6) were filed with the Court on 28 September 2001. The parties requested the Court make determinations of native title in each claim in terms of the agreements under s 87 filed with the Court on 13 May 2016.
The rights and interests recognised in relation to Part 1 of the determination area are possession, occupation, use and enjoyment of the area to the exclusion of all others. The rights and interests in relation to Part 2 are non-exclusive.
Reeves J commented on the history and delay in resolving the Bar Burrum claims: On 28 June 2001, the late Hely J made a determination of native title in the first of a series of native title determination applications made on behalf of the Bar Barrum People. Bar Barrum People #1 was lodged with the National Native Title Tribunal on 8 November 1996, just short of 20 years ago. It was therefore resolved approximately four and a half years after it was lodged. It is a matter of grave concern that it has taken another 15 years since the determination in Bar Barrum People #1 to resolve four of the remaining seven Bar Barrum claims. There will still remain three applications – Bar Barrum People #5, Bar Barrum People #8 and Bar Barrum People #9 [1]. In the past 15 years, a number of senior members of the Bar Barrum People have passed away without being able to witness the recognition of their native title that will occur today [5].
The Bar Barrum applications were given priority listing, but the progress to consent determination was impeded when a question arose as to whether certain World War II military activities and orders brought about an extinguishment of the native title rights that existed in part of the determination areas. That issue was eventually resolved in the High Court in Queensland v Congoo (2015) 320 ALR 1; [2015] HCA 17 in a split decision [6].
His Honour noted that ‘it may be some small comfort to the Bar Barrum People that it has only taken a little over a year since that decision to achieve these consent determinations today. It is to be hoped that the remaining three Bar Barrum claims can be brought to consent determinations quickly so that the quality of justice can be restored, at least to some extent, and the Bar Barrum People and their neighbours can move to the post-determination stage free of litigation’ [7].
Reeves J ordered that the Bar Barrum Applicant nominate a prescribed body corporate for the purposes of s 57(2) of the Native Title Act 1993 (Cth) within twelve months of the determinations.