Gangalidda and Garawa People v State of Queensland [2010] FCA 646

Category: Agreement
Binomial Name: Federal Court of Australia
Date: 23 June 2010
Sub Category:Consent Determination (Native Title Act)
Location:Burketown, North-west Queensland, Australia
The determination area is contained in Schedule 1A, 1B and 2A of the Federal Court consent determination.
The determination covers approximately 5,810 square kilometres of land located north-west of Burketown near and along the coast of the Gulf of Carpentaria, in north-west Queensldand. The areas cover the pastoral leases of Brokera, Bundella, Cliffdale, Escott, Tarrant, part of Troutbeck east of Massacre Inlet and part of the Gurridi Traditional Land Trust area. The area is located approximately 650 kilometres west of Cairns and 320 kilometres north of Mt Isa.
   
Legal Status: Registered on the National Native Title Register (of native title determinations)
Legal Reference: Federal Court No: QUD66/2005 & QUD84/2004 National Native Title Tribunal No: QC05/3 & QC04/5
Subject Matter:Native Title | Recognition of Native Title or Traditional Ownership
URL: http://www.austlii.edu.au/au/cases/cth/FCA/2010/646.html
Summary Information:
Gangalidda and Garawa People v State of Queensland [2010] FCA 646

Between: Murray Walden Jnr, Clara Foster, Terrance Taylor, Jack Green, Jack Hogan, and Hilton Charlie on behalf of the Gangalidda and Garawa People (APPLICANTS)

AND

State of Queensland, Burke Shire Council, Telstra Corporation Ltd, Eric Lollo, Blanche Dorothy Anna Lollo, Stephen William Lollo, Barry Peterson, Peter Tonon, Claudine Elizabeth Ward, Gary Ward, Andrew William Jessie Daniels, Panoy Pty Ltd and Westmoreland Pastoral Company Pty Ltd (RESPONDENTS)

Judge: Spender J

Where made: Burketown

Determination
Native title exists over parts of the determination area.

The Gangalidda and Garawa people lodged two native title claims. This determination settles one section of each of their claims, which relates to the rights and interests held by the Gangalidda People.

Native title is held by the Gangalidda People.

The native title rights and interests that exist include:

- exclusive rights to possess, occupy, use and enjoy approximately 1,860 sq km of the determination area.

- non-exclusive rights over 3,950 sq km of the determination area including rights to access the land, to hunt, fish and gather on the area, to take and use resources for personal and domestic purposes, to camp and light fires and to conduct religious and spiritual activities and ceremonies on the area.
Detailed Information:
The Gangalidda and Garawa people lodged two native title claims. This determination settles one section of each of their claims and relates to the rights and interests of the Gangalidda People. The rights and interests of the Gawara people will be considered subsequently and these claims remain registered on the Register of Native Title Claims.

First native title claim (QC04/5)
The claim lodged covered approximately 6,250sq km situated north-west of Burketown, including pastoral lease areas and the Gurridi Traditional Land Trust area. The Federal Court recognised both exclusive and non-exclusive native title rights over 1,990 sq km of land.

The native title rights and interests that were recognised in the first claim include:

Exclusive rights to possess, occupy, use and enjoy approximately 1,860 sq km of the determination area. This includes specific lots on the Brokera Pastoral Holding, Bundella Pastoral Holding, Terrant Pastoral Holding, part of Troutback Pastoral Holding and the Gurridi Traditional Land Trust area.


Non-exclusive rights over 130sq km of the determination area to:
- access the land, be present and traverse the area;

-hunt, fish and gather on the area for personal, domestic and non-commercial purposes;

- take and use resources for personal and domestic purposes;

- camp and light fires on the area for domestic purposes;

- to conduct religious and spiritual activities and ceremonies on the area;

- to be buried in the area;

- to maintain places and areas of importance or significance;

Non-exclusive rights to water have also been recognised.

Second native title claim (QC05/3)
The second claim was lodged over 13,800 sq km of land, which was predominantly land covered comprised of the Cliffdale Pastoral Holding and part of the Escott Pastoral Holding.

The native title rights and interests that were recognised in the second claim include:
Non-exclusive rights over approximately 3,820 sq km.

Native title is extinguished in the areas set out in Schedule 4B, 5A, 5B and 6A of the judgment. This includes areas on the Escott Pastoral Holding and Cliffdale Pastoral Holding on which houses, sheds or other buildings, dams or other watering points have been constructed in accordance with the rights of the lessee under the Crown Lease.

Two pastoral agreements have been developed and the parties aim to have these registered as Indigenous Land Use Agreements (ILUAs). These agreements detail how the rights and interests of the pastroal parties would coexist with native title rights and interests in the relevant areas.

The Gangalidda and Garawa Native Title Aboriginal Corporation has been nominated as the prescribed body corporate to manage the recognised native title rights and interests.

As a final note, Justice Spender stated "I hope that the orders I make today will bring the promise of a brighter future to the Gangalidda People who have had an ongoing relationship with their country since ancient times. It gives me great pleasure to be able to make these orders, and in particular to be able to make them by consent following the successful negotiation and coming to agreement of all the parties." (para 65)

Related Entries

Agreement
  • Gangalidda and Garawa Peoples Cliffdale Pastoral Lease Indigenous Land Use Agreement (ILUA)
  • Gangalidda and Garawa Peoples Escott Pastoral Lease Indigenous Land Use Agreement (ILUA)
  • Organisation
  • State of Queensland - Respondent
  • Burke Shire Council - Respondent
  • Telstra Corporation Limited - Respondent
  • National Native Title Tribunal
  • Westmoreland Pastoral Company Ltd - Respondent
  • Gangalidda and Garawa Native Title Aboriginal Corporation
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • People
  • Gangalidda People
  • Murray Walden Jnr and Others on behalf of the Gangalidda and Garawa Peoples - Native Title Claimant

  • References

    Fact Sheet
    National Native Title Tribunal (23 June 2010) Backgrounder: Gangalidda and Garawa Native Title Determinations
    Case Law
    Federal Court of Australia (23/06/2101) Gangalidda and Garawa People v State of Queensland [2010] FCA 646 (23 June 2010)
    Media Release
    National Native Title Tribunal (23 June 2010) Native Title Recognition for Gangalidda and Garawa
    Resource
    National Native Title Tribunal (23/06/2010) Extract from the National Native Title Register: QC04/5
    National Native Title Tribunal (23/06/2010) Extract from National Native Title Register: QC05/3
    National Native Title Tribunal (23/06/2010) Extract from the National Native Title Register (of native title determinations) for Federal Court matter number QUD84/04 as at 23/06/2010
    National Native Title Tribunal (23/06/2010) Extract from the National Native Title Register (of native title determinations) for Federal Court matter number QUD66/05 as at 23/06/2010
    Publication
    National Native Title Tribunal (23 June 2010) Gangalidda and Garawa People's Native Title Determination

    Glossary

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