Rangiah J
In this matter, the Court made orders by consent recognising the native title rights and interests of the Kooma People with respect to the land and waters located in the southwest of Queensland. The determination area covers approximately 31,856 square kilometres and includes the area between the towns of Cunnamulla in the west, Charleville in the north, St George to the east and the New South Wales border. The towns of Dirranbandi, Hebel and Bollon are included.
There were 18 respondents to the application, including the State of Queensland, Telstra Corporation Ltd, Balonne Shire Council, Murweh Shire Council, Maranoa Regional Council and various pastoralists.
Rangiah J had previously made orders dividing the claim area into two parts and Rangiah J noted that this determination relates to Kooma People #4 Part A.
Consideration
The evidence relied upon by applicant consisted of 10 affidavits sworn by the members of Kooma People and various historical records, ethnographic accounts and anthropological reports. Other expert reports included a linguistic report and an archaeology report. Rangiah J noted that the evidence was substantial and thorough, and deserved to be read in full as important records of the history of the Kooma People.
Rangiah J concluded that the evidence established that the Kooma People have occupied the land in the claim area since before sovereignty and that there continues to be a thriving society of Kooma People.
Satisfied that all necessary statutory requirements had been met, Rangiah J made the consent orders as requested.
Rights and interests
The nature and extent of the native title rights and interests described in Part 1 of Schedule 1 of the orders are:
the rights to possession, occupation, use and enjoyment of the area to the exclusion of all others.
In relation to Water, the non-exclusive rights to hunt, fish and gather, take and use the Natural Resources of the Water and take and use the Water of the area for personal, domestic and non-commercial communal purposes.
The nature and extent of the native title rights and interests described in Part 2 of Schedule 1 of the orders are:
access, be present on, move about on and travel over the area;
camp, and live temporarily on the area as part of camping, 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 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 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;
teach on the area the physical and spiritual attributes of the area;
hold meetings on the area; and
light fires on the area for domestic purposes including cooking, but not for the purpose of hunting or clearing vegetation.
The nature and extent of the native title rights and interests in relation to the land and waters described in Part 3 of Schedule 1 are the non-exclusive rights to:
access, be present on, move about on and travel over 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.
Prescribed Body Corporate
The native title is held in trust.
The Kooma Aboriginal Corporation (ICN: 8053) is to be the prescribed body corporate.