Collier J made orders by consent recognising the native title rights and interests of the Wulli Wulli peoples over parcels of land in or nearby the towns of Cracow and Theodore.
Background
In 2015, Collier J ordered by consent that native title existed in relation to 166 parcels of land within the original area claimed (Anderson on behalf of the Wulli Wulli People v State of Queensland (No 3) [2015] FCA 821). That consent determination was made in the context where the State of Queensland and the applicant had not reached an agreement in respect of an additional 27 parcels of land (Balance Area) as originally claimed.
It is this area which is the subject of the current determination. On 10 July 2017, the applicant filed an agreement with the Court executed by all parties with a draft consent determination of title in relation to the Balance Area.
Rights and Interests
The Court recognised the following non-exclusive native title rights and interests in relation to the land and waters in Part 2 of Schedule 1: to access, be present on and travel over the land and waters; to camp, and live temporarily on the area as part of camping, and for that purpose build temporary shelters; to hunt, fish and gather on the land and waters of the area for personal, domestic and non-commercial communal purposes; to take, use, share and exchange Natural Resources from the land and waters of the area for persona, domestic and non-commercial communal purposes; to take and use the Water of the area for personal, domestic and non-commercial communal purposes; conduct ceremonies on the area; be buried and bury native title holders within the area; to maintain places of importance and areas of significance to the native title holders under traditional laws and customs and protect those places and areas from physical harm; teach on the area the physical and spiritual attributes of the area; hold meetings on the area; and light fires on the area for domestic purposes including cooking, but not for the purpose of hunting or clearing vegetation.
For the area described in Part 1 of Schedule 1, the Court recognised different native title rights and interests for the land and waters in the area. For the land, the Court recognised the right to possession, occupation, use and enjoyment of the area to the exclusion of all others. In relation to the waters, the Court recognised 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 personal, domestic and non-commercial communal purposes.
Prescribed Body Corporate
The Court held that the native title was to be held on trust and that the Wulli Wulli Nation Aboriginal Corporation was to be the prescribed body corporate in accordance with s 56(2)(b) and s 56(3) NTA, and it was to perform the functions found in s 57(1) NTA after becoming a registered native title body corporate.