Logan J
In this matter, the Court made orders by consent recognising the native title rights and interests of the Kullilli People in respect of land and waters in south western Queensland.
The claim area is centred around the township of Thargomindah and extending south to the New South Wales border. It takes in part of the catchment of the Bulloo River with the western boundary marked by the Grey Range in the south-west and the Wilson River in the north-west. It is covered almost entirely by pastoral leases.
There were 29 respondents including the State Of Queensland, the Shire Councils of Bulloo, Paroo and Quilpie, various energy and resource companies and various pastoralists.
Background
The Kullilli claims have a long history with the Federal Court, with 4 determination applications filed and either discontinued or dismissed between 1996 and 2006.
On 23 March 2009, the Kullilli People brought a new application, incorporating much of the previous three applications, with amendments to apical ancestors and changes to boundaries. On 2 December 2013, the applicant was amended to change the named applicants.
Consideration
Logan J referred to twenty-seven affidavits from members of the claim group, an affidavit from QSNTS anthropologist Diana Romano annexing genealogical charts and three expert reports by anthropologist Dr Babbage as providing direct evidence of the Kullilli People's ongoing connection to the land and waters.
The Court was satisfied that it was appropriate to make the proposed orders which recognise:
(a) that the claim group comprises a society united in and by their acknowledgement and observance of a body of accepted traditional laws and customs;
(b) that the present day body of accepted laws and customs in essence is the same body of laws and customs acknowledged and observed by the ancestors or members of the society adapted to modern circumstances;
(c) that the acknowledgement and observance of those laws and customs has continued substantially uninterrupted since sovereignty, and that the society has continued to exist throughout that period as a body united in and by its acknowledgement and observance of those laws and customs; and
(d) that the claim group still possesses rights and interests under the traditional laws acknowledged and the traditional customs observed by them, and that those laws and customs give them a connection to the land.
Rights and interests
The native title rights and interests recognised in relation to the land and waters described in Part 1 of Schedule 1 of the orders are:
Non-exclusive rights to:
access, be present on, move about on and travel over the area;
camp 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 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; and
teach on the area the physical and spiritual attributes of the area.
access, be present on, move about on and travel over the area.
The native title rights and interests recognised in Part 2 of Schedule 1A of the orders are:
non-exclusive rights to access, be present on, move about on and travel over the area.
Prescribed Body Corporate
The native title is held in trust.
The Kullilli Bulloo River Aboriginal Corporation (ICN: 7224) is the prescribed body corporate.
Of Note in the Decision
Logan J commended the work of the relevant legal advisers and case management by the Court’s registrars, which had resulted in this consent determination being achieved in less than five years.