Rangiah J
In this matter the Court made orders by consent recognising the exclusive and non-exclusive native title rights and interests of the Quandamooka People in relation to the land and waters of Moreton Island (Mulgumpin) in Queensland.
The respondents are the State of Queensland, Commonwealth of Australia, Brisbane City Council,Telstra Corporation Limited, Kooringal Aquaculture Company Pty Ltd, Tangalooma Island Resort Pty Ltd and Tangalooma Pty Ltd.
Background
A determination of native title in favour of the Quandamooka People over the neighbouring North Stadbroke Island was previously made in Delaney on behalf of the Quandamooka People v State of Queensland [2011] FCA 741.
Rights and Interests Recognised
The native title is communally held by the Quandamooka People and is not to be held in trust.
Exclusive Rights and Interests
Other than Water, the native title rights and interests recognised in relation to the Determination Area described in Part 1 of Schedule 2,are the rights to possession, occupation, use and enjoyment of the area to the exclusion of others.
Non-exclusive Rights and Interests
In relation to the part of the Determination Area described in Part 2 of Schedule 2, the Court recognised the non-exclusive rights to:
Live and be present on the area;
Take, use, share and exchange Traditional Natural Resources for personal, domestic and non-commercial communal purposes;
Conduct burial rites;
Conduct ceremonies;
Teach on the area about the physical and spiritual attributes of the area;
Maintain places of importance and areas of significance to the native title holders under their traditional laws and customs and protect those places and areas from physical harm.
The native title rights and interests recognised in relation to Water within the Determination Area are the non-exclusive rights to:
Take and use Traditional Natural Resources from the Water for personal, domestic and non-commercial communal purposes; and
Take and use the water for personal, domestic and non-commercial communal purposes.
Prescribed Body Corporate
The Quandamooka Yoolooburrabee Aboriginal Corporation ICN 7564 is to act as the agent for the native title holders and perform functions set-out in the Native Title Act 1993 (Cth) and the Native Title (Prescribed Bodies Corporate) Regulations 1999 (Cth) after becoming a registered native title body corporate.