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Baker on behalf of the Muluridji People v State of Queensland [2011] FCA 1432

Category: Agreement
Date: 14 December 2011
Sub Category:Consent Determination (Native Title Act)
Location:Queensland , Australia
The determination covers 12 285 hectares of land and waters in the far north Queensland area. This includes various parcels to the east and north of Mareeba including areas of the Hann Tableland National Park, the Mareeba Tropical Savanna, the Wetland Reserve Nature Refuge and unallocated state land, pastoral lease and other reserve lands.
Legal Status: Registered on the National Native Title Register (of native title determinations).
Legal Reference: Muluridji People #1 Federal Court No: QUD6208/1998; National Native Title Tribunal No: QC98/38. Muluridji People #2 Tribunal file no.: QC01/37; Federal Court no.: QUD6035/2001.
Alternative Names:
  • Riley on behalf of the Muluridji People
  • Muluridji People
  • Muluridji People #2
  • Subject Matter:Access | Land Transaction | Native Title | Recognition of Native Title or Traditional Ownership | Water
    URL: http://www.austlii.edu.au/au/cases/cth/FCA/2011/1432.html
    Summary Information:
    Note: This determination was handed down by the Federal Court on 14/12/2011 and was conditional on the registration of 2 ILUAs on the Register of Indigenous Land Use Agreements. The ILUAs have been registered and the determination came into effect on 16/03/2012 (National Native Title Tribunal, Native title determination summary - Muluridji People).

    The determination of Baker on behalf of the Muluridji People v State of Queensland [2011] FCA 1432 includes the determinations of the Muluridji People (QUD 6208 of 1998) and the Muluridji People #2 (QUD 6035 of 2001).


    QUD 6208 of 1998

    Between:


    Clancy Baker, Ian Connolly and Keith Mathieson Jnr on behalf of the Muluridji People (APPLICANTS) and

    State of Queensland (FIRST RESPONDENT)

    Tablelands Regional Council (SECOND RESPONDENT)

    Wildlife Conservancy of Tropical Queensland Ltd (THIRD RESPONDENT)

    Ergon Energy Corporation Ltd (FOURTH RESPONDENT)

    David Thomas McGrath (FIFTH RESPONDENT)

    Evan David McGrath (SIXTH RESPONDENT) and

    Eve-Lyn Grace McGrath (SEVENTH RESPONDENT)


    Judge: Logan J

    Where made: Mareeba

    Determination:

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

    Native title is held by the Muluridji People

    The exclusive native title rights over part of the determination area consist of the rights to possession, occupation, use and enjoyment of the area to the exclusion of all others. Rights in relation to water in the exclusive native title area are non-exclusive and consist of the non-exclusive rights to:

    - hunt, fish and gather; and
    - take and use the water of the area for personal, domestic and non-commercial communal purposes.

    In relation to the non-exclusive native title rights over part of the on-shore determination area, the rights and interests that exist include:

    - the right of access;
    - the right to camp and erect temporary shelters;
    - the right to hunt, fish and gather on the land and waters of the area for personal, domestic, and non-commercial communal purposes;
    - the right to take and use natural resources of the area for personal, domestic and non-commercial communal purposes;
    - the right to conduct ceremonies on the area;
    - the right to maintain places of importance and areas of significance under traditional laws and customs and protect those places and areas from physical harm;
    - the right to teach on the area the physical and spiritual attributes of the area ; and
    - the right to light fires on the area for domestic purposes.

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

    - The rights and interests of the parties under the following indigenous land use agreements (ILUAs): Muluridji Protected Areas ILUA; Tablelands Regional Council ILUA; and the Ergon Energy ILUA.
    - The rights and interests of the Tablelands Regional Council under their local government jurisdiction and as as owner and operator of infrastructure, facilities and other improvements within the determination area and their rights to enter and exercise rights within the Determination Area in accordance with the Local Government Act 2009 (Qld).
    - the rights and interests of the Wildlife Conservancy of Tropical Queensland Limited and the Tablelands Regional Council as trustees of a Reserve for Natural Resource Management Purposes over Lot 142 on CP903068.
    - the rights and interests of the Wildlife Conservancy of Tropical Queensland Limited as the lessee over part of Lot 142 on CP903068.
    - the rights and interests of the Tablelands Regional Council, the Wildlife Conservancy of Tropical Queensland Ltd and the State of Queensland in relation to the determination area as parties to the Mareeba Tropical Savanna and Wetland Reserve Nature Refuge Conservation Agreement dated 11 June 2009.
    - The rights and interests of the Muluridji People and the Wildlife Conservancy of Tropical Queensland Ltd as parties to the Use and Access Agreement dated 29 November 2011 over Lot 6 on SP189942.
    - The rights and interests of Ergon Energy Corporation Limited as as owner and operator of any works as defined under the Electricity Act 1994 (Qld) within the determination area; as a distribution entity and the holder of a distribution authority under the Electricity Act 1994 (Qld); and rights and interests created under the Electricity Act 1994 (Qld) and the Government Owned Corporations Act 1993 (Qld).
    - The rights and interests of David Thomas McGrath, Evan David McGrath and Eve-Lyn Grace McGrath as holder of a permit to occupy part of the determination area for grazing purposes;
    - The rights and interests of the holders of any current licences, permits or allocations issued under the Water Act 2000 (Qld);
    - The rights and interests of the State of Queensland pursuant to the Nature Conservation Act 1992 (Qld) and subordinate legislation relating to the use and management of part of the determination area;
    - The rights and interests of the holders of any current leases, agreements, licenses, permits or authorities granted under the Nature Conservation Act 1992 (Qld), the Mineral Resources Act 1989 (Qld) and the Land Act 1994 (Qld); and
    - Any other current rights and interests held by the State of Queensland or Commonwealth.

    In the case of conflict, the exercise of non-native title rights and interests will prevail over the non-exclusive native title but the native title rights will continiue to exist in their entirety.

    Provisions Relevant to the Native Title Rights

    Muluridji Tribal Aboriginal Corporation, as the prescribed body corporate, is to perform functions required under the Native Title Act 1993 (Cth) and to act as agent for the native title holders. The native title is not held in trust.



    QUD 6035 of 2001

    Between:


    Clem Riley and Mervyn Riley on behald of the Muluridji People # 2 (APPLICANTS)

    State of Queensland (FIRST RESPONDENT)

    Tablelands Regional Council (SECOND RESPONDENT)

    Ergon Energy Corporation Ltd (THIRD RESPONDENT)


    Judge: Logan J
    Where made: Mareeba

    Determination:

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

    Native title is held by the Muluridji People.

    In relation to the non-exclusive native title rights over part of the on-shore determination area, the rights and interests that exist include:
    - the right of access;
    - the right to camp and erect temporary shelters;
    - the right to hunt, fish and gather on the land and waters of the area for personal, domestic, and non-commercial communal purposes;
    - the right to take and use natural resources of the area for personal, domestic and non-commercial communal purposes;
    - the right to conduct ceremonies on the area;
    - the right to maintain places of importance and areas of significance under traditional laws and customs and protect those places and areas from physical harm;
    - the right to teach on the area the physical and spiritual attributes of the area ; and
    - the right to light fires on the area for domestic purposes.

    Non-native title rights and interests that exist within the determination area
    - The rights and interests of the parties under the following indigenous land use agreements (ILUAs):Tablelands Regional Council ILUA; and the Ergon Energy ILUA.
    - The rights and interests of the Tablelands Regional Council under their local government jurisdiction and as as owner and operator of infrastructure, facilities and other improvements within the determination area and their rights to enter and exercise rights within the Determination Area in accordance with the Local Government Act 2009 (Qld).
    - The rights and interests of Ergon Energy Corporation Limited as as owner and operator of any works as defined under the Electricity Act 1994 (Qld) within the determination area; as a distribution entity and the holder of a distribution authority under the Electricity Act 1994 (Qld); and rights and interests created under the Electricity Act 1994 (Qld) and the Government Owned Corporations Act 1993 (Qld);
    - The rights and interests of the holders of any current licences, permits, allocations, reservations, permits, easements or authorities issued under the Water Act 2000 (Qld) or the Land Act 1994 (Qld); and
    - Any other current rights and interests held by the State of Queensland or Commonwealth.

    In the case of conflict, the exercise of non-native title rights and interests will prevail over the non-exclusive native title.

    Provisions Relevant to the Native Title Rights

    Muluridji Tribal Aboriginal Corporation Aboriginal Corporation, as the prescribed body corporate, is to perform functions required under the Native Title Act 1993 (Cth) and to act as agent for the native title holders. The native title is not held in trust.
    Detailed Information:
    Background
    The determination relates to two applications that were made in 1998 and 2001 for the recognition of native title rights and interests in the vicinity of Mareeba in Far North Queensland. Neither of the applications were registered. The Muluridji People claim covered 66.08 square kilometres and the Muluridji People #2 claim covered 54.153 square kilometres.

    In handing down the determination, the Federal Court recognised exclusive native title rights in relation to around 745 hecatres of land with non exclusive native title rights over 11, 285 hectares of land and waters. In total the Federal court recognised the Muluridji People's rights to 12, 030 hectares of land in the vicinity of Mareeba and to the north-west of Mareeba (National Native Title Tribunal, Native title recognition for the Muluridji People).

    Details of Judgement
    The determinations of Muluridji People and Muluridji People #2 were heard together due their geographically proximaty and include consideration of the same anthropological evidence concerning the Muluridji People.

    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 considering the parties, and their access to independent legal advice.

    Related Entries

    Agreement
  • Muluridji People and Ergon Energy Indigenous Land Use Agreement (ILUA)
  • Muluridji Protected Areas Indigenous Land Use Agreement (ILUA)
  • Muluridji People and Tablelands Regional Council Indigenous Land Use Agreement (ILUA)
  • Organisation
  • State of Queensland - Respondent
  • Tablelands Regional Council - Respondent
  • Wildlife Conservancy of Tropical Queensland Ltd - Respondent
  • Ergon Energy Corporation Limited - Respondent
  • National Native Title Tribunal
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Land Act 1994 (Qld)
  • Mineral Resources Act 1989 (Qld)
  • Nature Conservation Act 1992 (Qld)
  • Water Act 2000 (Qld)
  • Government Owned Corporations Act 1993 (Qld)
  • Electricity Act 1994 (Qld)
  • People
  • Muluridji People - Native Title Claimant
  • Clancy Baker, Ian Connolly and Keith Mathieson Jnr on their own behalf and on behalf of the Muluridji People

  • References

    General Reference
    National Native Title Tribunal (2011) Native title recognition for the Muluridji People
    National Native Title Tribunal (2011) Native title determination summary - Muluridji People
    NineMSN (2011) Muluridji people win native title case
    Newspaper Article
    The Koori Mail (11 January 2012) Muluridji people's claims recognised

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Aboriginal Corporation (Australia) | Applicant | Consent Determination (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Native Title Applicants | Native Title (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title Applications/Claims (Australia) | Native Title Representative Body (NTRB) (Australia) | Native Title Determination (Australia) | Native Title Registers | Native Title Holders (Native Title Act 1993 (Cth)) (Australia) | Registration Test (Native Title Act 1993 (Cth)) (Australia) | Prescribed Body Corporate (PBC) (Native Title Act) (Australia)

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