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Wonga on behalf of the Wanyurr Majay People v State of Queensland [2011] FCA 1055

Category: Agreement
Binomial Name: Federal Court of Australia
Date: 31 August 2011
Sub Category:Consent Determination (Native Title Act)
Location:Babinda, Queensland, Australia
The Determination Area is located in north Queensland in the vicinity of Mt Bellenden Ker and covers part of the Wooroonooran National Park and surrounding areas.
Legal Status: Registered on the National Native Title Register
Legal Reference: Tribunal File No: QC08/9-1 Federal Court file no.: QUD296/2008
Subject Matter:Access | Fishing | Native Title | Recognition of Native Title or Traditional Ownership | Water
URL: http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FCA/2011/1055.html?stem=0&synonyms=0&query=title(
Summary Information:
Between: Annie Wonga, Andrew Victor Iller, Adrian Clive Murray, Lillian Mavis Willis and Mark Raymond on behalf of the Wanyurr Majay People (APPLICANT) and

State of Queensland (FIRST RESPONDENT)and

Cairns Regional Council (SECOND RESPONDENT)

Judge: Dowsett J
Where made: Babinda, Queensland

Determination: Native title exists in the entire determination area. It consists of non-exclusive native title rights.

Native title is held by the Wanyurr Majay People.

Non-exclusive native title rights and interests that exist over land in the determination area include:

- the right of access, to be present on and move about the area;
- the right to camp and erect temporary shelters;
- the right to hunt, to fish and gather from the Determination Area and to share and exchange what is gathered for domestic purposes;
- the right to light fires for domestic cooking purposes but not for the clearing of vegetation or hunting;
- the right to conduct ceremonies;
- the right to teach the physical and spiritual attributes of the area while present in the determination area; and
- the right to look after significant cultural sites and places.

Non-exclusive water rights: In relation to the native title rights and interests in water within the determination area, the native title holders have the right to hunt, fish, gather, collect and use the water for personal, domestic and non-commercial communal purposes.

Non-native title rights and interests that exist within the determination area

These rights can be summarised as the rights and interests of the parties under the following indigenous land use agreements:

- Annie Wonga, Andrew Miller, Mark Wilson, Adrian Murray, Lilian Willis (Senior), Wanyurr Majay Aboriginal Corporation, State of Queensland and Wet Tropics Management Authority as parties to the Wanyurr Majay People Protected Areas ILUA dated 25 January 2011; and
- Annie Wonga, Andrew Miller, Mark Wilson, Adrian Murray, Lilian Willis (Senior), and Cairns Regional Council as parties to the Cairns Regional Council Wanyurr Majay People ILUA dated 19 June 2011.
- The rights and interests of the Cairns Regional Council to enter and access the Determination Area under the Local Government Act 2009 (Qld) and as owner and operator of infrastructure and facilities;
- The rights and interests of the State of Queensland in various reserves and the rights of Cairns Regional Council as trustee of the reserves and the rights and interests of the persons entitled to access the reserves.
- The rights and interests of the State of Queensland pursuant to the Nature Conservation Act 1992 (Qld) relating to the use and management of a lot within the Determination Area.
- The rights and interests of the holders of any leases, agreements, licences or permits granted under the Nature Conservation Act 1992 (Qld);
- The rights and interests of the Wet Tropics Management Authority pursuant to the Wet Tropics World Heritage Protection and Management Act 1993 (Qld) and the Wet Tropics Management Plan 1998 (Qld) relating to the use and management of lots within the Determination Area;
- The rights and interests of the holders of any permits granted under the Wet Tropics Management Plan 1998 (Qld);
- Any other rights and interests held by the State of Queensland or Commonwealth.

Provisions Relevant to the Native Title Rights

The Wanyurr Majay Aboriginal Corporation, as the prescribed body corporate, is to perform functions required under the Native Title Act 1993 (Cth) and has been registered as the native title body corporate. The native title rights and interests will take effect as soon as the registration of agreements on the Register of Indigenous Land Use Agreements occurs. The judgement will not be registered on the National Native Title Register until that condition is met. This must occur within six months before the matter is referred to the court for further directions.

Detailed Information:
Background

The determination concerns a native title application that was lodged in 2008 by the Wanyurr Majay people for recognition of native title rights and interests over the land and waters in the area of Mt Bellenden Ker in north Queensland. The application was accepted for registration in 2009 pursuant to s66 of the Native Title Act 1993 (Cth).

In total, the claim area covers around 200 square kilometres in the Babinda area, near Cairns including part of Woonoorooran National Park (Stickley, 2011).

The Wanyurr Majay People, the Wanyurr Majay Aboriginal Corporation, the Queensland Government and the Wet Tropics Management Authority have entered into an Indigenous Land Use Agreement regarding the management of Woonoorooran National Park.

Natural Resources Minister Rachel Nolan stated that the native title rights "will reaffirm the Wanyurr Majay People's age old commitment to preserving their land and its conservation values" (Queensland Government, 2011).

The agreement was the 60th native title determination in Queensland and the 54th by consent.

Details of Judgement

The parties to the determination reached an agreement as to the terms of a determination of native title to be made in relation to the Determination Area. The court was satisfied that a determination of native title was within the power of the court.


Related Entries

Agreement
  • Wanyurr Majay People Protected Areas Indigenous Land Use Agreement (ILUA)
  • Cairns Regional Council - Wanyurr Majay Indigenous Land Use Agreement (ILUA)
  • Organisation
  • North Queensland Land Council Native Title Representative Body Aboriginal Corporation
  • Wanyurr Majay Aboriginal Corporation
  • Cairns Regional Council - Respondent
  • State of Queensland - Respondent
  • Wet Tropics Management Authority
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Nature Conservation Act 1992 (Qld)
  • Local Government Act 2009 (Qld)
  • Wet Tropics World Heritage Protection and Management Act 1993 (Qld)
  • People
  • Wanyurr Majay People - Native Title Applicants

  • References

    General Reference
    National Native Title Tribunal (31 August 2011) Native title determination summary - Wanyurr Majay People
    National Native Title Tribunal (7 September 2011) Notice of an application to register an area agreement on the Register of Indigenous Land Use Agreements: QI2011/037 Cairns Regional Council Wanyurr Majay ILUA
    National Native Title Tribunal (25/07/2011) Extract from Register of Indigenous Land Use Agreements: Wanyurr Majay People Protected Areas ILUA
    National Native Title Tribunal (2011) Native title determination summary - Wanyurr Majay People
    Media Release
    Queensland Government (31 August 2011) Wanyurr Majay's Native Title Rights Recognised
    Newspaper Article
    Tony Stickley (1 September 2011) Native title restored to Wanyurr Majay people

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Aboriginal Corporation (Australia) | Applicant | Area Agreement (Australia) | Claimant Application (Native Title Act 1993 (Cth)) (Australia) | Consent Determination (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | National Native Title Tribunal (NNTT) (Australia) | National Park | Native Title (Australia) | Native Title Applicants | Native Title Applications/Claims (Australia) | Native Title Claimants (registered) (Australia) | Native Title Determination (Australia) | Native Title Holders (Native Title Act 1993 (Cth)) (Australia) | Native Title Registers | Native Title Representative Body (NTRB) (Australia) | Prescribed Body Corporate (PBC) (Native Title Act) (Australia) | Registration Test (Native Title Act 1993 (Cth)) (Australia) | Respondent | State Government | Party to an Indigenous Land Use Agreement (ILUA) (Australia)

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