Collier J orders that there be a determination of native title.
This case, the Pendine Claim, concerns the second of two claims made by the Gangalidda People. The first judgment, the Konka Claim, was made in Taylor on behalf of the Gangalidda People v State of Queensland (The Gangalidda People Konka Claim) [2019] FCA 297.
The parties to the claim are the Gangalidda People, and the State of Queensland and the Burke Shire Council. The Pendine Claim Area was previously included in the claim area of QUD 84 of 2004 of the Gangalidda People, but then later removed, along with the Konda Claim. The Pendine application is in respect of a claim area which related to four other sets of native title determinations involving the Gangalidda People.
His Honour held that the provisions of s 87(2) of the NTA were met, granting the Court the power to make orders consistent with the agreement of the parties, provided that the Court is satisfied it is within the power of the Court, and appropriate, to do so. His Honour reiterated (at [17]) the rule that the State, not the Court, must inquire into and scrutinise the evidence of native title claim, and that in the present case, the State of Queensland had evidently taken such steps to satisfy itself that there is a credible basis for the application.
The proposed determination also satisfied s 225 of the NTA.
Rights and interests
The Court recognised the exclusive native title rights and interests to the use and enjoyment of the land. The Court recognised the non-exclusive rights to water being the right to hunt, fish and gather from the water, take and use the natural resources of the water, and take and use the water for personal, domestic and non-commercial communal purposes.
Prescribed Body Corporate
His Honour noted that at the time the Pendine application was made, a pastoral lease for a period of 30 years was held over the Pendine Claim area, held by Walaji Pty Ltd: a trust for the benefit of the community, including the Gangalidda people. The sole shareholder of Walaji is the Gangalidda and Garawa Native Title Corporation RNTBC (GGNTAC). As the terms of the s 87 agreement satisfied s 47 of the Land Act 1994 (Qld), Collier J held it is within the Court’s power to make orders granting the applicant exclusive right to this land, described as Lot 4536 on SP204559.
The GGNTAC was held to be the prescribed body corporate for the purposes of ss 57(2) and 57(3) of the Act.