In this case Rangiah J recognised the native title rights and interest of the Wangkamahdla people over lands and waters in North West Queensland. The respondent parties included the State of Queensland, the Commonwealth of Australia, and the Boulia Shire Council and others.
Background
On 30 April 2021 the Court made orders by consent dividing the area covered by the application into two parts – Part A and Part B. Part A comprised the majority of the claim area, covering approximately 29, 302 km2, except for six identified lots. These six lots made up Part B and covered less than 1km2. All parties to the application reached an agreement that native title existed in Part A.
Decision
The exclusive rights and interests recognised included the right to possession, occupation, use and enjoyment of the land. The non-exclusive rights recognised included the right to camp, hunt, fish and gather resources, take the water and natural resources of the water, conduct ceremonies, bury native title holders within the area, maintain places of importance and areas of significance within the determination area, teach and hold meetings on the area, and light fires on the area for domestic purposes, but not for hunting or clearing vegetation.
Rangiah J held that it was within the power of the Court to make the orders sought as there was a settled agreement with the active parties that was entered into freely, there were no other proceedings before the Court relating to native title determination applications in the area, and the State on behalf of the community had given appropriate consideration of the application.
The Mulligan River Aboriginal Corporation was nominated as the prescribed body corporate for the determination area.