Rares J
In this decision, the Court made orders by consent recognising the native title rights and interests of the Juru people over about 200 individual, scattered small lots of land in and around the townships of Bowen, Merinda and Home Hill in the State of Queensland. It also included certain other parcels of rural land and waters over which a consent determination had been made in 2014 in Lampton on behalf of the Juru People v State of Queensland [2014] FCA 736 (see related content).
This decision marked the third occasion on which the Court has made a consent determination of the Juru people’s native title rights and interests over land and waters. These scattered parcels of land and waters, in combination with the land and waters of the previous two consent determinations will allow the Juru people to exercise their native title rights and interests over them.
The respondent parties included the State of Queensland, the Commonwealth, the Whitsunday Regional Council, Burdekin Shire Council, a number of companies such as Telstra Corporation Limited and Hancock Coal Infrastructure Pty Ltd as well as several persons operating commercial fishing businesses.
The nature and extent of the native title rights and interests, other than in relation to water, are the rights to possession, occupation, use and enjoyment of the area to the exclusion of all others.
Rights and interests
The nature and extent of native title rights and interests recognised include:
Exclusive possession of the land and waters described in Part 1 of Schedule 1 (other than 'Water') and in relation to Water, non-exclusive rights to:
Hunt, fish and gather from the water of the area;
Take and use the natural resources of the water in the area; and
Take and use the water of the area.
for personal, domestic and non-commerical communal purposes.
Non-exclusive rights in relation to the lands and waters described in Parts 2, 3 and 4 of Schedule 1 including rights to:
access and travel over the area, camp and live temporarily, hunt, fish and gather and take Natural Resources and Water for personal, domestic and non-commercial purposes, conduct ceremonies, bury native title holders within the area, maintain places of importance and teach on the area.
Non-exclusive rights to access, move about on and travel over the area described in Part 5 of Schedule 1.
There was significant evidence of continuous Aboriginal presence in the areas under consideration. In his judgement, Rares J noted that additional anthropological evidence was provided by the applicant including the testimony of eight lay witnesses, a historical report and a second anthropology report. The State also supplemented the case with additional tenure research. The evidence suggested that the Juru people first came into contact with Europeans in 1859 when they encountered a ship while canoeing around the Port Denison harbour, now known as Bowen. The Juru people passed on their laws and customs to the next generation either orally, or through their observance and instruction through interactions with other Juru and Birri Gubba people. His Honour declared at [23] that he was satisfied it was appropriate to grant the determination on the basis of his earlier findings in the 2014 decision as well as the additional material provided on the ancestral history of the Juru people and their continuing connection to the claim area.
The Court determined that the native title rights and interests are to be held on trust by the Kyburra Munda Yalga Aboriginal Corporation, as the prescribed body corporate. Justice Rares also noted that this decision was a milestone because it marked the finalisation of the Juru people’s claim and gave them certainty about the entire area of land and waters over which they could exercise their native title rights and interests.
In addition, the determination recognises four ILUAs: two registered in 2014 including agreements between the Juru people and Ergon Energy, as well as the local government, and two registered in 2012 with respect to the Hancock Alpha Coal Project and the Abbot Point State Development Area.