In this matter, Robertson J made a determination by consent recognising the exclusive and non-exclusive native title rights and interests of the Yuwibara People over various parcels of land and waters in North Queensland. The respondents in the matter were the State of Queensland, the Commonwealth of Australia, the Mackay Regional Council and others.
The area concerned 6450 square kilometres in the central coast of Queensland, including the town of Mackay, the coastal plains and valleys from near Ilbilbie in the south to Midge Point (Midgeton) in the north, and west across the Pioneer Valley to the foothills of the Connors and the Clarke Ranges. The claim was first filed in 2013, and mediation resulted in agreement of positive native title. Judge Robertson was satisfied by the applicant’s evidence of the continuing connection, traditions and identity of the Yuwibara People. The respondents did not file any submissions.
The rights conferred were split into areas of exclusive and non-exclusive land rights allowing access, use, non-permanent camping, non-commercial removal of resources, protection and burials. Non-exclusive rights were granted over sea and inland waters to hunt, fish and remove water for non-commercial purposes. Inconsistent interests and incidental activity (except construction) prevail, although native title continues to exist. The native title is held by the Yuwi Aboriginal Corporation.