Background
This case concerned an application for a consent determination of native title on behalf of the Woppaburra People. The claim, filed on 6 November 2013 and amended on 25 November 2014, was in relation to lands and waters in the Keppel Islands and adjacent sea country, in the Capricorn Coast area of Central Queensland. There were no overlapping or competing native title claims over the land and waters covered in the application. There were also no approved determinations of native title that affect any part of the claim area. Both parties indicated their consent to a determination that the Woppaburra people are the holders of native title in the claim area. This agreement was made pursuant to s 87(1) of the Native Title Act 1993 (Cth)(NTA) and was filed on 28 October 2021.
Applicant’s Submissions
The applicant’s relied on reports from an expert anthropologist, as well as evidence of connection from various members of the native title claim group about their traditional laws and customs. The submissions from the applicant provided evidence that the Woppaburra People maintained a continuous presence on their country to the extent possible within the decimation of the population and the removal from traditional lands and waters. This evidence supported the claim that the traditional laws acknowledged, and customs observed by the Woppaburra People gave them free enjoyment and use of the claim area.
Consideration
Rangiah J considered the preamble and objects of the NTA, particularly to resolve claims for native title by agreement; his Honour exclaimed the agreement of the parties to the terms of the proposed orders was consistent with the objectives.
The Court was not required to embark upon an inquiry as to the merits of the claim to be satisfied that the orders were supportable and in accordance with the law. However, his Honour did consider the evidence for the limited purpose of determining whether the parties made a rational decision, acting in good faith. The primary consideration was whether there was an agreement and whether it was entered into freely and on an informed basis.
Decision
The Court held that requirements, set out in s 87(1) and (2) and s 225 of the NTA were satisfied. His Honour concluded that the orders could be made since:
The parties freely entered into the agreement;
The proposed determination was unambiguous;
The rights and interests of the parties were agreed to;
There were no other proceedings relating to the native title determination applications in the area; and
The State and Commonwealth took an active role in the negotiation process and thus took an interest on behalf of the community.
The Woppaburra Saltwater Aboriginal Corporation was assigned as the prescribed body corporate for the purposes of s 56(1) of the NTA. The Court made a determination by consent that native title exists in the area, in accordance with the orders agreed by the parties.