Kaurareg People v State of Queensland [2001] FCA 657 (23 May 2001) QG 6027

Category: Agreement
Binomial Name: Federal Court of Australia
Date: 23 May 2001
Sub Category:Consent Determination (Native Title Act)
Location:Mipa, Tarilag, Yeta and Damaralag Islands, Torres , Queensland, Australia
The Determination Area comprises the land and inland waters of Mipa (Pipa Islet and Turtle Island), Tarilag (Packe Island), Yeta (Port Lihou Islands) and Damaralag (Dumuralug Islet) Torres Strait, Queensland.
Legal Status: Registered on the National Native Title Register o
Legal Reference: Federal Court No: QG6027/98, National Native Title
Alternative Names:
  • Mr Billy Wasaga and Others on behalf of the Kaurareg People v State of Queensland & Ors
  • Subject Matter:Native Title | Recognition of Native Title or Traditional Ownership | Native Title - Extinguishment | Local Government | Housing, Construction and Infrastructure
    Summary Information:
    Kaurareg People v State of Queensland [2001] FCA 657 (23 May 2001) QG 6027

    Number 5 of 5 Kaurareg Native Title Consent Determinations.
    Between: Mr Billy Wasaga and Others on behalf of the Kaurareg People (APPLICANTS) AND
    State of Queensland, Douglas D Nutley, Geoffrey Donald McKenzie, Michael J Clinch, Norman A Clinch, Thomas V Lee and Doretta Hewlett, Torres Shire Council, Torres Strait Regional Authority.

    Judge: Justice Drummond
    Where: Brisbane

    Determination:
    Native title exists in the determination area except those parts described in Order 2 where native title rights have been wholly extinguished

    The determination area comprises land and inland waters of Mipa (Pipa Islet and Turtle Island), Tarilag (Packe Island), Yeta (Port Lihou Islands) and Damaralag (Dumuralug Islet) Torres Strait, Queensland.
    Detailed Information:
    In May 1996 the Kaurareg People lodged five native title claims over parts of seven islands in the Torres Strait. Subsequently, five consent determinations were made by Justice Drummond and the reasons for each given together in one judgment. The parties to the consent determinations reached agreement via three Indigenous Land Use Agreements, the first was between the Kaurareg People, the Torres Shire Council and the State of Queensland, and the second and third between the Kaurareg People and the Telstra Corporation Limited and Ergon Energy Corporation Limited respectively.

    This is the fifth of five consent determinations and involves the land and inland waters of Mipa (Pipa Islet or Turtle Island), Tarilag (Packe Island), Yeta (Port Lihou Islands) and Damaralag (Dumuralug Islet), Torres Strait, Queensland. The native title rights and interests conferred on the native title holders are for the possession, occupation, use and enjoyment of the claim area to the exclusion of all others, except those whose interests are recognised in the consent determination. These rights are exercisable in accordance with traditional laws and customs, the laws of the State of Queensland and the Commonwealth, and the planning scheme and local laws of the Torres Shire Council. The details of these rights and interests were discussed by Justice Drummond in the consent determination. The native title holders have nominated a corporate body (the Kaiwalagal Aboriginal Corporation) to manage the land on their behalf in accordance with the Native Title Act 1993.

    The consent determination found that native title had been wholly extinguished in areas of land and water on which any lawful public work was constructed or established, including lands and waters adjacent to the public work. Native title was also extinguished on one of specific area of land.

    Other interests and rights were recognised by the consent determination, and include those of the Torres Shire Council under its Local Government jurisdictions, functions and statutory power. The Shire’s interests include those legal or equitable interests it might have in relation to the claim land and those which are protected by the Indigenous Land Use Agreement [ILUA] with the native title holders and the State of Queensland. The rights and interests of the State of Queensland, the Torres Shire Council and members of the public to certain roads in the claim were also recognised.

    The interests of the Telstra Corporation Limited are protected in the exercise of its statutory functions, operation of its facilities and maintenance of its infrastructure. The Telstra Corporation has its rights additionally protected by an ILUA with the representatives of the native title holders. The Crown and the State of Queensland also hold interests pursuant to any statute or valid executive or legislative act that was current at the date of the determination. The State of Queensland has its interests additionally protected by the ILUA with the native title holders. The rights and interests of other parties prevail over the rights and interests of the native title holders when they cannot exist concurrently.

    Related Entries

    Agreement
  • Kaurareg People v State of Queensland [2001] FCA 657 (23 May 2001) QG 6023
  • Kaurareg People v State of Queensland [2001] FCA 657 (23 May 2001) QG 6024
  • Kaurareg People v State of Queensland [2001] FCA 657 (23 May 2001) QG 6025
  • Kaurareg People v State of Queensland [2001] FCA 657 (23 May 2001) QG 6026
  • Kaurareg People and Telstra Indigenous Land Use Agreement (ILUA) - Requirement
  • Kaurareg People / Torres Shire Council / State of Queensland - Indigenous Land Use Agreement (ILUA) - Requirement
  • Organisation
  • Torres Shire Council - Respondent
  • Torres Strait Regional Authority - Respondent
  • State of Queensland - Respondent
  • National Native Title Tribunal
  • Federal Court of Australia
  • Kaiwalagal Aboriginal Corporation
  • Legislation
  • Native Title Act 1993 (Cth)
  • People
  • Mr Billy Wasaga and others on behalf of the Kaurareg People - Native Title Claimant
  • Clinch, Michael J. - Respondent
  • Clinch, Norman A. - Respondent
  • Lee, Thomas V and Hewlett, Doretta - Respondent
  • Nutley, Douglas D. - Respondent
  • Kaurareg People
  • McKenzie, Geoffrey Donald - Respondent

  • References

    Media Release
    National Native Title Tribunal (2001) Agreements Pave the Way for Native Title Determinations
    National Native Title Tribunal (1996) Chance to have a say in five Kaurareg Native Title Applications
    National Native Title Tribunal (2000) Information Update on Kaurareg Negotiations
    National Native Title Tribunal (2001) Joint Media Statement: Cape York Land Council, NNTT, Qld Government, Torres Shire Council: Kaurareg Native Title Determinations
    Resource
    Commonwealth of Australia (2001) Kaurareg People v State of Queensland [2001] FCA 657 (23 May 2001)
    National Native Title Tribunal (2004) Native Title by Consent Determinations

    Documents

    Map
    Kaurareg People v State of Queensland [2001] FCA 657 (23 May 2001) QG 6027 Map - ( Image | Thumbnail | PDF)

    Glossary

    Consent Determination (Native Title Act 1993 (Cth)) (Australia)