Rangiah J
Background
This case concerned a consent determination of Native Title under ss 61 and 225 of the Native Title Act 1993 (Cth) (‘NTA’) on behalf of the Widi People. The claim area was in Central Queensland and encompassed the town of Nebo. The respondents to the claim were the State of Queensland and two regional councils. The parties indicated their consent to a determination that the Widi People are the holders of Native Title in the area covered by the application.
This application was originally filed on 29 September 2006, with an amended application being filed on 17 July 2019. All parties to the application reached an agreement that native title exists and in relation to the nature and extent of native title rights and interests in relation to the claim area. That agreement, made under s 87(2) of the NTA, was filed on 25 July 2019.
Consideration
At [23], His Honour noted that the NTA encourages the parties to take responsibility for resolving the proceedings without the need for the Court to intervene by way of a hearing. Therefore, when the court is examining whether it is appropriate to make the orders sought, the focus is upon the making of the agreement between the parties. Citing Munn (for and on behalf of the Gunggari People) v State of Queensland (2001) 115 FCR 109, he continued at [24], ‘The Court is to consider evidence only for the purpose of determining whether the State is acting in good faith and has made a rational decision.’ His Honour concluded that s 87 of the NTA had been satisfied and the proposed determination also satisfied the requirements in s 225. Hence, the Court was able to make the orders sought.
Prescribed Body Corporate
Finally, Rangiah J turned to whether the native title was to be held on trust, pursuant to s 56(1) of the NTA. The applicant submitted that the Widi Aboriginal Corporation should be the prescribed body corporate for the purpose of s 57(2) of the NTA and perform the functions mentioned in s 57(3). This application was granted by the court.