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Jirrbal People #3 v State of Queensland (unreported, FCA, 8 October 2010, Dowsett J)

Category: Agreement
Binomial Name: Federal Court of Australia
Date: 8 October 2010
Sub Category:Consent Determination (Native Title Act)
Location:Ravenshoe, Queensland, Australia
The determination area covers approximately 969.2 square kilometers, consisting in various national parks, state forests and forest reserves located around Tully, Herberton and Ravenshoe in Far North Queensland. The determination area falls within the jurisdiction of the Tablelands Regional Council and the Cassowary Coast Regional Council.
Legal Status: Registered on the National Native Title Register
Legal Reference: Federal Court No: QUD42/2004; National Native Title Tribunal No: QC04/4
Subject Matter:Access | Environmental Heritage | Fishing | Forestry | Native Title
Summary Information:
Note:

The judgment for the Jirrbal People #3 consent determination is currently unavailable. The information presented below is based on publicly available information regarding the decision. The Jirrbal People #3 consent determination forms part of 3 consent determinations made in favor of the Jirrbal people (Jirrbal People #1, Jirrbal People #2 and Jirrbal People #3). Each of these consent determinations were made on the same day - 8 October 2010. The publicly available information does not distinguish between these individual consent determinations. As a consequence, it is difficult to definitively state what rights have been recognized in each claim. The information presented below documents the rights recognized cumulatively over the three Jirrbal consent determinations and indicates whether those rights were likely to have been recognized in Jirrbal People #3 consent determination


Jirrbal People #3 v State of Queensland (unreported, FCA, 8 October 2010, Dowsett J)

Judge: Dowsett J

Determination:
Native title exists in the entire determination area.

Native title is held by the Jirrbal People.

The determination area of the Jirrbal People #3 consent determination consists of various national parks, reserves and state forests 'in and around Lake Koombooloomba and then north to Herberton on the Atherton Tablelands of Far North Queensland'. In total the determination area comprises approximately 969.2 square kilometers.

The consent determination is conditional on the registration of a number of ILUAs negotiated with various stakeholders prior to the determination.

The Wabubadda Aboriginal Corporation is the prescribed body corporate nominated to manage the rights and obligations of the native title holders

Exclusive native title rights and interests were recognised over 15 parcels of unallocated state land totalling approximately 55.98 square kilometers.

The Jirrbal People #3 claim did not involve a claim over unallocated State land. It is therefore unlikely that the above exclusive rights and interests were established in this consent determination.

Non-exclusive native title rights and interests exist over approximately 91,947 hectares of land within specific reserves and national parks. They include:
- rights of access
- rights to traverse and camp in the area
- rights to take and use resources from the land for 'personal, domestic, non-commercial and communal purposes'
- rights to protect and maintain sites of importance
- rights to engage in cultural and spiritual activities on the land

The (total) determination area comprises 23 parcels of reserve land and 18 parcels of national park, state forest and forest reserves. These parcels include Tully Gorge, Millstream Falls, Herberton Range and Malaan national parks, Millstream conservation park and Evelyn Creek conservation park.

The Jirrbal People #3 claim involves a claim over national parks, state forests and forest reserves. The abovelisted non-exclusive rights were all claimed in the Jirrbal People #3 claim at the point of registration (see Jirrbal People #3 Registration Test Decision)

Non-exclusive native title rights and interests exist over water in the (total) determination area. They include:
- rights to fish and hunt for 'personal, domestic, non-commercial and communal purposes'
- rights to take, use and enjoy the water
It is unclear whether these native title rights and interests were recognized in this consent determination.
Detailed Information:
Background

The Jirrbal People #3 consent determination is one of three consent determinations made in favour of the Jirrbal People. In total, the consent determinations recognised the Jirrbal people's native title rights over approximately 92,003 hectares of land and waters.

The Jirrbal People #1 application contained claims to exclusive possession over unallocated state land as well as non-exclusive rights over other tenures. It was filed with the Federal Court on 16 January 2003.

The Jirrbal People #2 application contained claims to non-exclusive rights over reserves. It was filed with the Federal Court on 18 February 2004.

The Jirrbal People #3 application contained claims to non-exclusive rights over national parks, state forests and forest reserves. It was filed with the Federal Court on 18 February 2004.

Ancillary agreements

A number of agreements have been negotiated with various stakeholders, including the State of Queensland, Tablelands Regional Council, Ergon Energy Corporation and the Queensland Lapidary and Allied Crafts Club Association (QLACCA).

The ILUA negotiated with the State of Queensland (QI2010/033) establishes how the Jirrbal People's rights and interests will be exercised in the national parks and reserves. The ILUA area overlaps with the cumulative determination area of the Jirrbal People #1, Jirrbal People #2 and Jirrbal People #3 determinations.

The ILUA with Tablelands Regional Council (QI2010/029) protects Aboriginal cultural heritage and establishes a protocol for local government development. The ILUA area overlaps with the determination area of the Jirrbal People #1 determination.

The ILUA with QLACCA (QI2010/030) sets out where fossicking activities may be undertaken. The ILUA area overlaps with the cumulative determination area of the Jirrbal People #1, Jirrbal People #2 and Jirrbal People #3 determinations.

The ILUA with Ergon Energy (QI2010/031) provides consent for Ergon Energy to
- undertake minor works within the determination area;
- access and use land upon which electricity infrastructure is situated;
- perform future acts with the consent of the native title holders.
The ILUA area overlaps with the cumulative determination area of the Jirrbal People #1, Jirrbal People #2 and Jirrbal People #3 determinations.

Related Entries

Agreement
  • Jirrbal People #1 v State of Queensland (unreported, FCA, 8 October 2010, Dowsett J)
  • Jirrbal People #2 v State of Queensland (unreported, FCA, 8 October 2010, Dowsett J)
  • Jirrbal Herberton Project Indigenous Land Use Agreement (ILUA)
  • Jirrbal People Protected Areas Indigenous Land Use Agreement (ILUA)
  • Jirrbal People and Ergon Energy Indigenous Land Use Agreement (ILUA)
  • Jirrbal People & Tablelands Regional Council Indigenous Land Use Agreement (ILUA)
  • Organisation
  • State of Queensland
  • Ergon Energy Corporation Limited
  • Queensland Lapidary and Allied Craft Club Association Inc.
  • Tablelands Regional Council
  • Wabubadda Aboriginal Corporation
  • Legislation
  • Native Title Act 1993 (Cth)
  • People
  • Jirrbal People
  • Gerald McKenzie and Betty Cashmere on their own behalf and on behalf of the Jirrbal People - Native Title Claimant

  • References

    Media Release
    Stephen Robertson (October 8 2010) Jirrbal People’s Traditional Rights Recognised
    Newspaper Article
    Sydney Morning Herald (8 October 2010) NT Native Title Success
    Report
    North Queensland Land Council (2009) Annual Report 2008-2009
    Resource
    National Native Title Tribunal (2010) Summary of Recent Determinations
    National Native Title Tribunal (2010) Native Title Determination Summary - Jirrbal People #3
    National Native Title Tribunal (2010) QLD Registration decision - QC04/4-1 Jirrbal People #3 - National Parks, State Forests, Forest Reserves
    National Native Title Tribunal (2010) Claimant application summary - Jirrbal People #3 - National Parks, State Forests, Forest Reserves
    National Native Title Tribunal (3 November 2010) Notice of Applications to Register Area Agreements on the Register of Indigenous Land Use Agreements
    Publication
    National Native Title Tribunal (8 October 2010) Jirrbal People’s Native Title Determination

    Glossary

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

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