Quandamooka Law Review Project: Ensuring state law supports native title outcomes

On 4 July 2011, the Quandamooka People had their native title rights and interests determined by the Federal Court . Paragraph 7 provides that the rights and interests are exercisable: “subject to and exercisable in accordance with (a) the Laws of the State and the Commonwealth; and (b) the traditional laws acknowledged and traditional customs observed by the native title holders.”

Some State laws provide that acts done pursuant to the legislation “do not affect or extinguish native title” . Other State laws presume State ownership of certain resources to underpin their power to issue permits, a presumption which is overturned by a native title determination. Most are silent on the relationship. The gap between the native title recognition of rights and State legislation leads to conflict at a local level.

QYAC have prioritised reviewing key State legislation to increase the ability of that legislation to support and recognise native title rights and interests in the manner articulated in their determination. QYAC will outline their recent success in planning legislation and regional planning documents to support native title rights to live on their lands.