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Western Yalanji or Sunset Peoples v Alan & Karen Pedersen & Ors  1269 FCA (28 September 1998)
|Binomial Name:||Federal Court of Australia|
|Date:||28 September 1998|
|Sub Category:||Consent Determination (Native Title Act)|
|Location:||Near Mt Carbine, North Queensland, Queensland, Australia|
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|The Determination Area comprises the land and waters near Mt Carbine, in the Mareeba Shire of north Queensland, approximately 155 kms north-west of Cairns.|
|Legal Status:||Registered on the National Native Title Register o|
|Legal Reference:||Federal Court No: QG6002/96; National Native Title|
|Subject Matter:||Native Title | Recognition of Native Title or Traditional Ownership | Land Use|
|Western Yalanji or Sunset Peoples v Alan & Karen Pedersen & Ors  1269 FCA |
Summary: This agreement is the nation's third agreement to formally recognise native title - and the first over a pastoral property. It was struck by pastoralists and local traditional owners in north Queensland. The agreement, between Mr and Mrs Pedersen of Karma Waters Station and the Western (Sunset) Yalanji people, includes a legally binding land use and access agreement which will serve as a model for other pastoralists around Australia wanting to negotiate the resolution of native title applications.
Between: Western Yalanji or 'Sunset' Peoples (APPLICANTS) AND
Alan and Karen Pedersen, Pan Australian Resources NL (withdrawn), Centamin Limited (withdrawn), David Costello (withdrawn), Len Rosendale (withdrawn), Sonny Levers (withdrawn), Mareeba Shire Council, Minotaur Gold NL (withdrawn), John Plath (withdrawn), Messrs John W Withers and Garry A Dibley (withdrawn), State of Queensland, Mr Oliver J Stratton (withdrawn), Telstra Corporation Limited (withdrawn), Noel A Adam (RESPONDENTS)
Judge: Drummond J
Determination: Native title rights and interests exist in relation to the determination area marked on the map in Schedule 1 (comprising the land and waters near Mt Carbine, in the Mareeba Shire of north Queensland), subject to order 2 where rights do not exist.
|This native title claim was filed on behalf of the Western Yalanji ('Sunset') People in May 1995 with the National Native Title Tribunal. The claim was mediated by the Tribunal in 1996, but an agreement was not reached and the claim was referred to the Federal Court of Australia. Negotiations continued and a Deed of Agreement was eventually made between the native title claimants and the other parties to the claim. As a result, a consent determination in favour of the native title claimants was eventually made. |
The Western Yalanji may exercise their native title rights and interests through the possession, occupation, use and enjoyment of the claim area, but not to the exclusion of all others. These rights and interests must be exercised in accordance with traditional laws and customs, the laws of the Commonwealth of Australia and the State of Queensland, and the laws of Local Government. These rights and interests were detailed by Justice Drummond in the consent determination and were based on the report compiled by Mr Ray Wood ('the Wood Report'). The native title will be managed on behalf of the Western Yalanji by the Western Yalanji Aboriginal Corporation in accordance with the Native Title Act 1993.
There were a number of other interests in the claim area that were recognised by the consent determination. They include the rights and interests of the holder of an Occupation Licence 285, and a number of mining interests. In particular, a Land Use and Access Agreement was made between the Western Yalanji People, the State of Queensland and Noel A Adam which recognised Mr Adam's mining interests in the claim area and formalised an ongoing relationship between the parties.
The consent determination further recognised the rights and interests of Alan and Karen Pedersen, and the Western Yalanji Aboriginal Corporation, under two separate perpetual leases granted pursuant to the Land Act 1994. The Western Yalanji Aboriginal Corporation was then granted the right to obtain the land on the perpetual lease under freehold title under the Aboriginal Land Act 1991. The leases and the freehold title were agreed to in a Land Tenure Agreement between the Pedersens, the State of Queensland and the Western Yalanji People. The relationship between the Pedersens and the Western Yalanji is further regulated by a Land Use and Access Agreement between the two parties. The Crown and the State of Western Australia also hold interests pursuant to any statute or valid executive or legislative acts which were current at the date of this determination and any future acts authorised by the Land Tenure Agreement with the native title holders. The interests of the Crown and State prevail in the case of conflict with a right held by a native title claimant.
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