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Abraham Muriata on behalf of the Girramay People v State of Queensland & Ors (unreported, FCA, 10 December 2009, Dowsett J)

Category: Agreement
Binomial Name: Federal Court of Australia
Date: 10 December 2009
Sub Category:Consent Determination (Native Title Act)
Location:Cardwell to Murray Upper in North Queensland, Queensland, Australia
Legal Status: Registered on the National Native Title Register (of native title determinations)
Legal Reference: Federal Court No: QUD6240/1998 Native Title Tribunal No: QC96/105
Alternative Names:
  • Girramay People
  • Summary Information:
    Between: North Queensland Land Council on behalf of the Girramay People (APPLICANTS) and the State of Queensland, Cardwell Shire Council, Cardwell Shire River Improvement Trust and Ergon Energy (RESPONDENTS)

    Judge: Dowsett, J

    Determination:
    Native title exists in the determination area.

    Native title is held by the Girramay people.

    The native title rights and interests that exist include non-exclusive native title rights and interests over 16 parcels of unallocated State Land from Cardwell to Bilyana and Murray Upper area.

    The non-exclusive rights include rights to:
    - access, traverse and camp of the area;
    - hunt animals and gather plants for personal, domestic and communal needs, but not for commercial use;
    - share or exchange plant and animal resources obtained from the area for non-commercial purposes;
    - conduct ceremonies and meetings;
    - visit, maintain and protect significant sites;
    - be buried in the area; and
    - teach the spiritual and physical attributes of places and areas of importance.

    Non-exclusive native title rights were also recognised in relation to water.
    Detailed Information:
    This consent determination finalises the Girramay People's native title claim lodged in 1997. The Girramay People have non-exclusive rights and interests over 475ha of Unallocated State Land in the Cardwell to Murray Upper in north Queensland, about 165 kilometres south of Cairns.

    The non-exclusive rights include rights to hunt, fish, camp, gather and exchange plan and animal resources, conduct ceremonies and meetings, protect significant sites and be buried in the area.

    There is no native title in or in relation to minerals or petroleum in the area.

    Other parties with an interest in the areas will share those areas where non-exclusive native titles rights have been recognised.

    This Consent Determination was conditional upon the registration of four separate Indigenous Land Use Agreements (ILUAs), which were negotiated during this consent determination process.

    The Girramay People Aboriginal Corporation is the prescribed body corporate nominated to manage the rights and interests of the Girramay People.

    Related Entries

    Agreement
  • Girramay/Cassowary Coast Regional Council Indigenous Land Use Agreement (ILUA)
  • Abraham Muriata on his own behalf and on behalf of the Girramay People, Girramay People Aboriginal Corporation, Cassowary Coast Regional Council and State of Queensland Indigenous Land Use Agreement (ILUA)
  • Girramay People and State of QLD and Brazier Indigenous Land Use Agreement (ILUA)
  • Ergon Energy and Girramay Indigenous Land Use Agreement (ILUA)
  • Organisation
  • State of Queensland - Respondent
  • Cassowary Coast Regional Council - Respondent
  • Cardwell Shire Council - Respondent
  • Ergon Energy Corporation Limited - Respondent
  • People
  • Girramay People
  • Abraham Muriata on his own behalf and on behalf of the Girramay People

  • References

    General Reference
    National Native Title Tribunal (27 May 2010) Native Title Determination Summary - Girramay People
    Fact Sheet
    National Native Title Tribunal (10 December 2009) Backgrounder: Girramay Native Title Determination
    Media Release
    National Native Title Tribunal (10 December 2009) Girramay People's Native Title Journey Ends in Success
    Resource
    National Native Title Tribunal (27/05/2010) Extract from the National Native Title Register (of native title determinations) for Federal Court matter number QUD6240/98

    Glossary

    Consent Determination (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia)

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