Robertson J
In this matter the Court made orders by consent recognising the native title rights and interests of the Auburn Hawkwood People in relation to an area of land of approximately 9,786 square kilometres in central Queensland. The Claim Area predominately consists of pastoral properties, national parks and state forests. Key geographical features include the Auburn River and Mount Narayen to which the Auburn Hawkwood People have a deep spiritual connection.
The applicant was 9 named individuals on behalf of the Auburn Hawkwood People. The respondents were the State of Queensland, Banana Shire Council and Western Downs Regional Council,North Burnett Regional Council, South Burnett Regional Council, Telstra Corporation Limited, Ergon Energy Corporation Limited and 38 pastoralists named in the Schedule 1.
Robertson J found that the applicants' evidence and witness statements illustrate an enduring attachment to the Claim Area and demonstrate how they access areas for traditional purposes including hunting, gathering and spiritual purposes.
Rights and interests- Exclusive
The rights and interests recognised in relation to the area described in Part 1 of Schedule 4 (other than water) are the right to possession, occupation, use and enjoyment of the area to the exclusion of all others.
In relation to Water, 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.
Rights and interests- Non-Exclusive
The rights and interests recognised n relation to the land and waters described in Part 2 of Schedule 4, are the non-exclusive rights to:
Access, be present on, move about on and travel over the area;
Camp, and live temporarily on the area as part of camping, and for that purpose build temporary shelters;
Hunt, fish and gather on the land and waters of the area for personal, domestic and non-commercial communal purposes;
Take and use Natural Resources from the land and waters of the area for personal, domestic and non-commercial communal purposes;
Take and use the Water of the area for personal, domestic and non-commercial purposes
Conduct ceremonies on the area;
Be buried and bury Native Title Holders within 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;
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.
Prescribed Body Corporate
The native title rights are held in trust.
The Auburn Hawkwood People Aboriginal Corporation ICN 9127 is to be the prescribed body corporate for the purpose of ss 56(2)(b) and 56(3) of the Native Title Act 1993 (Cth) perform the functions mentioned in s 57(1) of the Native Title Act 1993 (Cth) after becoming a registered native title body corporate.