Greenwood J
In this matter the Court made orders by consent recognising the Cape York #1 claim group’s native title rights and interests over a large area of the land and waters in northern, northwestern and northeastern Cape York Peninsula.
The claim group is comprised of the Angkamuthi Seven Rivers people, the McDonnell Atampaya people and the Gudang/Yadhaigana people.
There were 22 respondents in this matter, including the State of Queensland, Northern Peninsula Area Regional Council, Cook Shire Council, Apudthama Land Trust, Old Mapoon Aboriginal Corporation, Ergon Energy Corporation Ltd, Telstra Corporation Ltd, Alcan South Pacific Pty Ltd, RTA Weipa Pty Ltd, the Island Industries Board and 12 individuals.
Background
On 1 July 2011, the Northern Cape York #1 claim group lodged an application for native title. The application was registered on 1 March 2012 and amended on 29 July 2014 and again on 17 October 2014 with the parties participating in intensive case management to resolve outstanding issues and some of the intra indigenous issues requiring judicial resolution: Woosup on behalf of the Northern Cape York Group #1 v State of Queensland & Ors (No 2) [2014] FCA 1086.
Greenwood J noted that the parties had negotiated the agreement in a relatively short timeframe in the native title jurisdiction of the Court and congratulated the parties on their cooperative approach to the efficient conduct of the matter.
Consideration
In making the determination, Greenwood J relied upon extensive anthropological reports by Dr Anthony Redmond, the applicant's submissions and evidentiary material previously considered in the Northern Cape York #2 claim: Coconut on behalf of the Northern Cape York #2 Native Title Claim Group v State of Queensland [2014] FCA 629.
Having regard to all of the information and evidence presented, the Court was satisfied that it was appropriate to make the orders requested.
Rights and interests
In relation to the land and waters in Part 1 of Schedule 1 of the Orders
Possession, occupation, use and enjoyment of the area to the exclusion of all others (excluding Water).
In relation to the Water in Part 1 of Schedule 1 of the Orders:
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 cultural, personal, domestic and communal purposes.
In relation to the land and waters in Part 2 of Schedule 1 of the Orders:
Non-exclusive rights to:
access, be present on, move about on and travel over the area;
hunt and fish in or on, and gather from, the area;
take, use, share and exchange Natural Resources on the area;
take and use the Water from the area for cultural, personal, domestic and communal purposes;
live and camp on the area and for those purposes to erect shelters and other structures thereon;
conduct ceremonies on the area;
be buried and to 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 on the area and to protect those places and areas from harm;
teach on the area the physical and spiritual attributes of the area;
hold meetings on the area;
light fires on the area for cultural, spiritual or domestic purposes including cooking, but not for the purpose of hunting or clearing vegetation; and
be accompanied on to the area by those persons who, though not native title holders, are spouses or partners, members of the immediate family or people reasonably required by the native title holders under traditional law and custom for the performance of ceremonies or cultural activities on the area.
Prescribed Body Corporate
The native title is held in trust.
The Northern Cape #1 Aboriginal Corporation (ICN: 8114) is to be the prescribed body corporate.
Indigenous Land Use Agreements (ILUAs)
Greenwood J ordered that the determination would take effect upon registration of 4 ILUAs on the Register of Indigenous Land Use Agreements:
the Jardine River National Park, Jardine River Regional Park and Heathlands Regional Park Protected Areas ILUA dated 17 October 2014;
an ILUA entered into with Ergon Energy Corporation Ltd dated 20 October 2014;
an ILUA entered into with Northern Peninsula Area Regional Council dated 15 October 2014; and
the Northern Peninsula Area Infrastructure ILUA (QI2004/001) registered 12 December 2005.