Robertson J made orders by consent recognising the native title rights and interests of the Gulngay peoples over 37,000 hectares of land and waters between Japoon National Park and Girramay National Park.
Background
On 27 June 2014, the Gulngay peoples filed a native title application over lands and waters located on the coastal plain between the Hull River in the north and the Murray River in the south, and framed in the west by the foothills of the Great Dividing Range, and in the east by Rockingham Bay and the Coral Sea. All parties to the application reached an agreement that native title existed. The respondents included the State of Queensland, the Commonwealth of Australia, Cassowary Coast Regional Council, Ergon Energy Corporation Limited, and a number of individuals.
Rights and interests
The Court recognised the following exclusive native title rights and interests for the area in Part 1 of Schedule 4:
other than in relation to Water, the right 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, take and use the Natural Resources, and take and use the Water for personal, domestic and non-commercial communal purposes.
In relation to the land and waters in Part 2 of Schedule 4, the Court recognised the non-exclusive rights to access, be present on, move about on and travel, camp, and live temporarily, hunt, fish and gather for personal, domestic and non-commercial communal purposes, take and use Natural Resources and water for personal, domestic and non-commercial communal purposes, conduct ceremonies, be buried and bury Native Title Holders, maintain places of importance and areas of significance under their traditional laws and customs and protect those places and areas from physical harm, teach the physical and spiritual attributes of the area, hold meetings and light fires on the area for domestic purposes including cooking, but not for the purpose of hunting or clearing vegetation.
Prescribed Body Corporate
The court held that the native title was not to be held on trust and that the Gulngay Kinjufile Aboriginal Corporation ICN 8802 was to be the prescribed body corporate in accordance with s 57(2) NTA, and it was to perform the functions found in s 57(3) NTA after becoming a registered native title body corporate.