Mansfield J
In this decision, the Court made orders by consent recognising the native title rights and interests of the Budjiti people to land and waters covering approximately 16,730 square metres centred in the Paroo River extending from the Queensland/New South Wales border and Dynevor lakes in the north, Bindengolly to the west and Moonjaree Waterhole to the east. The determination also encompasses the towns of Eulo and Hungerford.
The respondents included the State of Queensland, Bulloo Shire Council, Paroo Shire Council, Telstra Corporation Ltd, mining corporations, other corporations and various individuals.
The claim was initially lodged on 20 February 2007, and was amended to reflect the final decision of the Budjiti people about their claim.
Rights and interests
Non-exclusive native title rights and interests recognised in relation to the land and water include the right 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 and hold meetings 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
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-native title holders, being:
spouses and other immediate family members of native title holders, pursuant to the exercise of traditional laws and customs and
people required under the traditional laws acknowledged and traditional customs observed by the native title holders for the performance of, or participation in ceremonies.
The Budjiti people's rights to land are passed through their parents linking back to one of three apical ancestors, Jessie Brooks, Gypsy Brooks and Lizzie Brooks, with these rights contingent on recognition by the Budjiti people. Justice Mansfield noted that contemporary claimants may also refer to themselves as the Paroo River people. Justice Mansfield made reference to evidence of Aboriginal people living around the Paroo River and Currawinya Lakes area at least 14,000 years ago.
Mansfield J considered the evidence pointed to a society at the time of sovereignty with a body of traditional laws and customs, passed from generation to generation to the present day including occupation sites, camping places, ceremonial grounds and tool manufacture sites. The Court heard oral evidence that children would be taken onto country from a young age, learning to gather a wide variety of bush foods and to fish. This oral evidence was consistent with an analysis of material from archaeological sites in the application area where there was evidence of a diet including fish and shellfish. The practice of utilising the waterways and lakes continues to the present day.
The Court also noted that the Budjiti peoples fulfil their responsibilities of caring for the land by visiting and maintaining a number of sites. They also engage with local councils and government agencies to ensure cultural sites are protected. This effort includes teaching the younger generation the significance of the different places.
The Court determined that the native title is to be held on trust by the Budjiti Aboriginal Corporation, as the prescribed body corporate. Additionally, the determination recognises 17 ILUAs.