Rangiah J
In this matter, the Court made orders by consent recognising the non-exclusive native title rights and interests of the Gunggari People in relation to land and waters in an area of south-western Queensland.
The determination covers approximately 4,166 km2, situated roughly between the towns of Amby and Muckadilla in the north and Begonia, approximately 55 km north of St George, in the south. It includes a 120 km stretch of the Maranoa River from its junction with Amby Creek southerly to Begonia.
The State of Queensland, Maranoa Regional Council, KGLNG E&P II Pty Ltd, PAPL (Upstream II) Pty Ltd, Santos QNT Pty Ltd, Total E&P Australia III, Ergon Energy Corporation Limited and five named individuals are the respondents.
Background
The Gunggari People’s native title had previously been recognised over an area adjoining the southern and western portions of this determination area (Kearns on behalf of the Gunggari People #2 v State of Queensland [2012] FCA 651). In that matter, Reeves J noted that the claim has a long and complicated procedural history, with the Gunggari People first seeking native title in 1996. Part of that history is set out in Munn for and on behalf of the Gunggari People v State of Queensland (2001) 115 FCR 109.
Rangiah J considered the present determination to be an important step towards the final resolution of the Gunggari People’s claims.
Rights and interests
Non-exclusive native title rights were recognised and include the right to:
access, be present on, move about on and travel over the area;
camp and for that purpose erect temporary shelters;
hunt, fish and gather on the land and waters of the area for personal, domestic and non-commercial communal purposes;
take and use 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 religious and spiritual activities and ceremonies on the area;
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
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, by lawful means, from physical harm.
Rangiah J was satisfied that the requirements of s 87 of the Native Title Act 1993 (Cth) (NTA) had been fulfilled and it was appropriate to make a determination in accordance with the parties’ agreement.
Rangiah J considered the requirements of s 225 NTA had been satisfied because of the existence of the s 87 NTA agreement but also referred to the evidence of the members of the native title claim group and four reports prepared by an anthropologist. Noting that evidence of members of the native title claim group about traditional laws and custom and rights and responsibilities in respect to land and waters is of the highest importance.
Rangiah J found, at [29]-[30]:
The Gunggari People have maintained a continuous presence on their country, despite the pressures of colonisation.
The evidence demonstrates that the Gunggari People have held rights and interests in the determination area under their traditional laws and customs since prior to sovereignty and have continued to do so to the present time. They have also continued to exist as a society.
Nominated PBC
The native title is held on trust.
The Gunggari Native Title Aboriginal Corporation RNTBC (ICN 7725) is to be the prescribed body corporate.
ILUAs and this determination
Rangiah J ordered that the determination would take effect upon the registration of four Indigenous Land Use Agreements (ILUAs).