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Mualgal People v State of Queensland [1999] FCA 157 (12 February 1999)

Category: Agreement
Binomial Name: Federal Court of Australia
Date: 12 February 1999
Sub Category:Consent Determination (Native Title Act)
Location:Moa Island of the Torres Strait, Queensland, Australia
The determination area comprises land and inland waters of Moa Island, but not including the following: (a). Lot 8; Crown Reserve - State School, Kubin (b). Lot 9; Crown Reserve - State School Residence, St Pauls (c). Lot 10; Crown Reserve - State School, St Pauls (d). Lot 9; Crown Reserve - Landing ground for aircraft (e). Special Lease No 24154 described as Lot 2 on TS36; and (f). Any road on the landward side of the high water mark of Moa Island.
Legal Status: Registered on the National Native Title Register o
Legal Reference: Federal Court No: QG6035/98; National Native Title
Alternative Names:
  • Moa Island Determination
  • Subject Matter:Native Title | Recognition of Traditional Rights and Interests | Recognition of Native Title or Traditional Ownership | Native Title
    URL: http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/cth/federal%5fct/1999/157.html?query=title+%28+%22mualgal%22+%29
    Summary Information:
    Mualgal People v State of Queensland (1999) FCA 157

    Between: Mualgal People (APPLICANTS) AND
    State of Queensland, Telstra Corporation Limited, Torres Strait Regional Authority, St Pauls Island Council, Naga People, Kaurareg People, Robert Sagigi, Gary Duff, Mark Millward, Raymond Moore, Michael Clinch, Norman Clinch and Geoffrey McKenzie (RESPONDENTS)

    Judge: Drummond J
    Where: Cairns

    Determination: Native title exists in relation to the determination area which includes the land and inland waters of Moa Island on the landward side of the high water mark, but does not include those areas set out in paragraph 1 (a) to (f).
    Detailed Information:
    This is the first determination in respect of the Torres Strait under the Native Title Act 1993. The consent determination declared that the Mualgal People were the common law holders of the land in the claim area. It was the first determination in respect of the Torres Strait since the decision in Mabo v the State of Queensland (No 2) (1992) 175 CLR 1. The communal and group rights and interests which comprise native title ensure the Mualgal People may posses, occupy, use and enjoy the land subject to their traditional laws and customs. The nature and extent of these rights was explored in further detail by Justice Drummond in the consent determination. The land will be managed on behalf of the Mualgal by the Mualgal (Torres Strait Islanders) Corporation in accordance with the Native Title Act 1993 and will not be held on trust. As with the majority of consent determinations, the orders were made in respect of land that was either unallocated crown land, reserved land or land already held by, or for the benefit of, Aboriginal or Torres Strait Islander People. The claim excluded certain roads, Crown reserves for state schools, a Crown reserve for an airfield, and a special lease.

    There were a number of other rights and interests in the claim area that were recognised by the consent determination. They include the powers of the Kubin Island Council and the St Pauls Island Council under the Community Services (Torres Strait) Act and Land Act 1994. The rights and interests of the Kubin Island Council and persons under the Deed in Grant of Trust granted on 17 October 1985 under the Land Act 1962 are also recognised, along with those of the St Pauls Island Council and persons under the Deed in Grant of Trust granted on 17 October 1985 under the Land Act 1962.

    Related Entries

    Agreement
  • Telstra and Moa Island Indigenous Land Use Agreement (ILUA) - Requirement
  • Treaty between Australia and the Independent State of Papua New Guinea concerning Sovereignty and Maritime Boundaries in the area between the two Countries, including the area known as Torres Strait, and Related Matters
  • Moa Island Torres Strait Social Housing Indigenous Land Use Agreement (ILUA)
  • Organisation
  • State of Queensland - Respondent
  • Telstra Corporation Limited - Respondent
  • Torres Strait Regional Authority - Respondent
  • St Pauls Island Community Council - Respondent
  • National Native Title Tribunal
  • Federal Court of Australia
  • Mualgal (Torres Strait Islanders) Corporation - Requirement
  • TRAWQ Community Council Inc
  • Far North Queensland Electricity Corporation
  • Legislation
  • Native Title Act 1993 (Cth)
  • Community Services (Torres Strait) Act 1984 (Qld)
  • Land Act 1994 (Qld)
  • Land Act 1962 (Qld)
  • Aborigines and Torres Strait Islanders (Land Holding) Act 1985 (Qld)
  • People
  • Naga People - Respondent
  • Kaurareg People - Respondent
  • Duff, Garry; Millward, Mark; and Moore, Raymond - Respondent
  • Clinch, Michael; Clinch, Norman; and Geoffrey McKenzie - Respondent
  • Mualgal People - Native Title Claimant

  • References

    Case Law
    Commonwealth of Australia (1999) Mualgal People v State of Queensland [1999 FCA 157 (12 February 1999)
    Media Release
    National Native Title Tribunal (1999) 'First Native Title Agreements in Torres Strait'
    Resource
    National Native Title Tribunal (2004) Native Title by Consent Determinations

    Documents

    Map
    Mualgal People v State of Queensland [1999] FCA 157 (12 February 1999) Map - ( Image | Thumbnail | PDF)

    Glossary

    Native Title (Australia) | Deed of Grant in Trust (DOGIT) (Australia) | Consent Determination (Native Title Act 1993 (Cth)) (Australia)

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