Jagot J
In this matter the Court made orders by consent recognising the Gumbaynggirr People’s non-exclusive native title rights and interests over an area of land on the mid-north coast of New South Wales.
Consideration
Jagot J referred to the vast amount of material filed by the applicant and State including 37 affidavits, one witness statement, 9 expert reports, site map and volumes of source materials and field notes provided by the Gumbaynggirr People to the State.
The Court also noted that the Native Title Tribunal had convened mediation on country involving 3 days of evidence by Gumbaynggirr witnesses in the presence of the State’s lawyers. Subsequently, almost 14 years from the date of the application, the State indicated its willingness to resolve the claim through negotiation of an indigenous land use agreement and consent determination.
Jagot J was without doubt that the agreement was freely entered into and was satisfied that the determination met the statutory requirements and made the orders as requested.
Rights and interests
The native title rights and interests recognised are the non-exclusive rights to:
access and camp;
take and use waters on or in the area;
hunt and gather nature resources;
take fish in the temporary waters;
conduct ceremonies;
teach the physical, cultural and spiritual attributes of places and areas of importance; and
access, maintain and protect sites which are significant.
The native title rights and interests are for personal, domestic and non-commercial communal use.
Prescribed Body Corporate
The native title is to be held on trust.
Upon registration, the Wangaan (Southern) Gumbaynggirr Nation Aboriginal Corporation is to be the prescribed body corporate for the purposes and functions set out in s 57(1) Native Title Act 1993 (Cth.
Of note in the decision
The Court referred to the gross and unacceptable delay of 17 years between the application being lodged and its resolution. Stating at paragraph [2], "There is no native title claim so complex, or so bedevilled by seemingly intractable issues, which can justify such a delay."