Mansfield J
In this decision, Mansfield J made orders by consent recognising the native title rights and interests of the Boonthamurra People in relation to an area surrounding the town of Eromanga in the south western region of Queensland. The claim area is bordered on the west by Cooper Creek, on the north by the Cheviot Ranges, on the east by the Grey Range, and to the south, the headwaters of the Wilson River.
In making the determination, Mansfield J noted that there had initially been overlapping claims but that these had been resolved by the Queensland South Native Title Services convening the Western Region Land Summit in 2005.The current claim was filed on 2 November 2006. The respondent parties included the State of Queensland, Barcoo Shire Council, Quilpie Shire Council, Ergon Energy Corporation Ltd, Telstra Corporation Limitedm numerous mining entities and pastoralists and individuals.
Rights and interests
The non-exclusive native title rights and interests recognised in relation to the land and water include 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 smoking ceremonies and dance on the area;
hold meetings on the area;
teach on the area the physical and spiritual attributes of 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;
light fires on the area for domestic purposes including cooking, but not for the purpose of hunting or clearing vegetation; and
be accompanied onto the area by certain non-Boonthamurra people, being:
immediate family of the native title holders, pursuant to the exercise of traditional laws acknowledged and customs observed by the native title holders; and
people required under the traditional laws acknowledged and customs observed by the native title holders for the performance of, or participation in, ceremonies and dance.
Justice Mansfield outlined the history of Aboriginal people in the Determination Area and was satisfied that there was a normative system of Boonthamurra traditional society which existed at sovereignty, and at first European contact, which gave rise to rights and interest of use and occupation of the land.
His Honour detailed the establishment of European stations on the land and inclusion of Boonthamurra people as an integral component of the station workforce. This continued presence of the Boonthamurra people in their traditional country made it possible to maintain important aspects of traditional law and custom. The adopting and retention of the Boonthamurra identity occurs at birth and continues through the claimants lives. The identification of a person as a Boonthamurra person is accepted and acknowledged by both Boonthamurra people and by neighbouring group’s members.
In addition, members continue today to access and camp on the land as a necessary part of acknowledging and observing laws and customs. Strong relationships with the spirits of ancestors residing in the area are manifested through addressing spirits for protection as well as the practice of site avoidance. Relying upon affidavit evidence, Mansfield J also made reference to the mutual recognition of neighbouring groups and the regional society’s laws and customs which legitimate the claimant group’s title to Boonthamurra country.
The Court determined that the native title is to be held on trust by the Boonthamurra Native Title Aboriginal Corporation, as the prescribed body corporate. The Determination Area excludes an area that is to be the subject of a post-determination ILUA between the applicant and the State that is intended to resolve any remaining native title claims in relation to the excluded area. There are 25 additional ILUAs related to the determination.