Collier J
In this decision, Collier J made orders by consent recognising the native title rights and interests of the Wulli Wulli people in relation to land and waters covering approximately 5432 square kilometres in central Queensland. Within the area there are two towns, two national parks and a number of pastoral properties. The claim was filed on 17 July 2000 and has been amended a number of times since. There were 34 respondent parties including the State of Queensland, Banana Shire Council, North Burnett Regional Council, Ergon Energy Corporation Ltd and Telstra.
There are three separate areas with distinct native title rights and interests. The native title rights and interests in relation to the land and waters in Part 1 of Schedule 1 covering the general determination area are the non-exclusive rights to:
access, be present on, move about on and travel over the area;
camp, and live temporarily on the area as part of camping, and for that purpose build temporary shelters;
hunt, fish and gather on the land and waters of the area for personal, domestic and non-commercial communal purposes;
take, use, share and exchange natural resources from the land and waters of the area for personal, domestic and non-commercial communal purposes;
take and use the water of the area for personal, domestic and non-commercial communal purposes;
conduct ceremonies on the area;
be buried and bury native title holders within the area;
maintain places of importance and areas of significance to the native title holders under their traditional laws and customs and protect those places and areas from physical harm;
teach on the area the physical and spiritual attributes of the area;
hold meetings on the area; and
light fires on the area for domestic purposes including cooking, but not for the purpose of hunting or clearing vegetation.
The native title rights and interests in relation to the land and waters in Part 2 of Schedule 1 (town areas in Cracow) are the non-exclusive rights to:
access, be present on, move about on and travel over the area;
gather on the land and waters of the area for personal, domestic and non-commercial communal purposes; and
teach on the area the physical and spiritual attributes of the area.
The native title rights and interests in relation to the land and waters in Part 3 of Schedule 1 (town areas in Theodore) are the non-exclusive rights to:
access, be present on, move about on and travel over the area;
hunt, fish and gather on the land and waters of the area for personal, domestic and non- commercial communal purposes; and
teach on the area the physical and spiritual attributes of the area.
In her judgment, Collier J made reference to historical, linguistic, anthropological and archaeological evidence. The anthropological evidence showed that the Wulli Wulli people are made up of those descended from identified apical ancestors. Membership is based upon having a ‘blood line to country’, self-identification and recognition by others of this connection and this identification. She also referred to evidence provided via 22 affidavits, highlighting the commonality of the evidence provided by each of the witnesses in respect of matters including respect for Elders and old people, the importance of family, bush tucker and bush medicine, hunting and gathering, spirits and totems, relationships within the family and the relationship of the Wulli Wulli people with their country.
The Court was satisfied that it should make the orders agreed to by the parties. The prescribed body corporate is the Wulli Wulli Nation Aboriginal Corporation.