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Lardil, Yangkaal, Gangalidda & Kaiadilt Peoples v State of Queensland [2008] FCA 1855

Year
2008
Jurisdiction
Queensland
Forum
Federal Court
Legislation considered
s 225 Native Title Act 1993 (Cth)
s 87 Native Title Act 1993 (Cth)
Summary

Spender J

This matter involved a determination of native title by consent. The native title holders are the Lardil, Yangkaal, Gangalidda and Kaiadilt peoples.

Rights and interests

The nature and extent of the native title rights and interests in relation to the Determination Area, other than in relation to Water, are the non-exclusive rights to:

access, to be present on and to traverse the area;
hunt, fish and gather on the area for personal, domestic, and non-commercial communal purposes;
take and use Natural Resources from the area for personal, domestic, and non-commercial communal purposes;
camp on the area but not to reside permanently or to erect permanent structures or fixtures;
light fires on the area for domestic purposes including cooking but not for the purposes of hunting or clearing vegetation;
conduct religious, spiritual, and ceremonial activities on the area;
maintain, in the area, places and areas of importance or significance to the native title holders under their traditional laws and customs and protect those places and areas, by lawful means, from physical harm; and
share or exchange Natural Resources from the area for personal, domestic, and non-commercial communal purposes.

The nature and extent of the native title rights and interests in relation to Water are the non-exclusive rights to:

hunt and fish in and on and gather from the Water for personal, domestic, and non-commercial communal purposes; and
take, use and enjoy the Water for personal, domestic and non-commercial communal purposes.