Greenwood J
In this matter, the Court made orders by consent recognising the native title rights and interests of the Kulkalgal People, and in particular the Warraberalgal, Porumalgal and Masigalgal subgroups of the Kulkalgal People, over Zuizin Island (known as Half Way Island) located in the Central Torres Strait group of islands.
The respondents to the application were the State of Queensland and the Torres Shire Council.
Background
The Kulkalgal People filed an application for a determination of native title on 29 March 2007. Following mediation, directions hearings and case management hearings, the parties reached an in principle agreement, which was filed in the Court on 23 May 2014.
Greenwood J was satisfied that the requirements of s 87 of the Native Title Act 1993 (Cth) (NTA) had been met and made the orders as requested.
Rights and interests
The Court recognised the native title holders:
exclusive rights to possession, occupation, use and enjoyment of the determination area; and
non-exclusive right to take and use water for personal, domestic and non-commercial communal purposes.
In making the determination, Greenwood J considered anthropological reports by Dr Garrin Hitchcock and Dr Julie Lahn, an affidavit of a member of the claim group and material read into the record by the claim group’s solicitor concerning the claim group's ownership of Zuizin Island as part of their traditional estate.
Prescribed Body Corporate
The native title is to be held in trust.
The Kulkalgal (Torres Strait Islanders) Corporation RNTBC (ICN 3915) is to be the prescribed body corporate and perform the functions in s 57(1) NTA.