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Lardil, Yangkaal, Gangalidda & Kaiadilt Peoples v State of Queensland  FCA 1855
|Date:||9 December 2008|
|Sub Category:||Consent Determination (Native Title Act)|
|Location:||Wellesley, South Wellesley, Forsyth and Bountiful Island Groups, Gulf of Carpentaria, Queensland, Australia|
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|The location of the determination area is contained in Schedules 1, 1A, 1B and 2. Native title is held by the Lardil, Yangkaal and Kaiadilt peoples depending on the agreed locations over which each group held traditional rights and interests in the land. The allocation of the determination area to the three groups is described in Schedule 4.|
|Legal Status:||Registered on the National Native Title Register (of native title determinations).|
|Legal Reference:||Tribunal file no.: QC06/1; Federal Court no.: QUD7/2006|
|Subject Matter:||Land Use | Native Title|
| Lardil, Yangkaal, Gangalidda & Kaiadilt Peoples v State of Queensland  FCA 1855|
Between: Valerie Douglas, Cecil Goodman, Roger Kelly on their own behalf and on behalf of the Lardil, Yangkaal, Gangalidda and Kaiadilt Peoples (APPLICANTS)
State of Queensland, Mornington Shire Council, Ergon Energy Corporation Limited, Telstra Corporation Limited, Airservices Australia, Brenda Mary Withers, David Wooldridge Withers, Lyn Battle and Thomas William Battle (RESPONDENTS)
Judge: Spender J
Where Made: Mornington Island
Native title exists in relation to part of the determination area, granting the native title holders exclusive and non-exclusive rights over the land. The areas in Schedule 3 are subject to past exclusive possession acts and therefore cannot form part of the determination area.
|This agreement follows a consent determination made on 23 March 2004, The Lardil Peoples v State of Queensland  FCA 298, which recognised the native title holders' rights to the sea surrounding the Wellesley Islands group. Justice Spender made note of the significant body of 'connection' evidence from the 2004 determination which was relevant to the present claim. The claim area includes unallocated Crown land, special leases, land leases, permit land and reserves.|
Schedules 1, 1A and 1B contain the portion of the determination area over which the native title holders hold exclusive native title rights and interests.
Schedule 2 contains the part of the determination area over which the native title holders hold non-exclusive native title rights and interests. Other than in relation to water, these are the right to:
In relation to water, the non-exclusive native title rights include the rights to:
These rights and interests are subject to other rights and interests described in Schedule 6, which continue to have effect, including those of:
There are no native title rights in relation to minerals or petroleum. Native title rights are subject to the laws of the state and Commonwealth, in accordance with the traditional laws and customs observed by the native title holders.
Gulf Region Aboriginal Corporation is the nominated prescribed body corporate for the determination area.
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