In this case Murphy J recognised the native title rights and interests of the Warrgamay people over lands in North Queensland. The respondent parties included the State of Queensland, Cassowary Coast Regional Council, Charters Towers Regional Council and others.
Background
The Determination Area, described as the Herbert River Valley in North Queensland, included places such as the Herbert River, Sea View Range, Mount Fox and the coastal area around the mouth of the Herbert River and Seymour Creek. It also included townships including Abergowrie and Trebonne.
Decision
The Warrgamay applicant, the State of Queensland and other Respondents reached an agreement as to the terms of a determination of native title. Being satisfied that the determination of native title was within the power of the Court, the agreement between the parties under s 87 of the Native Title Act was a free and informed agreement and it was appropriate to make the determination by consent of the parties, Murphy J held that the determination of native title in the Determination Area be allowed.
The exclusive rights and interests recognised in relation to the land included the right to possession, occupation, use and enjoyment of the land. The non-exclusive rights and interests recognised in relation to the land and waters included the right to hunt, fish and gather, take natural resources of the water and the water itself for personal, domestic and non-commercial purpose, access, be present on and move on the determination area, live and camp on the land, perform burials, maintain places of importance and significance under traditional laws and customs, teach, hold meetings, and light fires for reasons except for hunting or clearing vegetation.
The Warrgamay Traditional Owners Aboriginal Corporation was nominated as the prescribed body corporate for the Part E Determination Area.