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Archer on behalf the Djungan People #2 v State of Queensland [2012] FCA 801

Category: Agreement
Binomial Name: Federal Court of Australia
Sub Category:Consent Determination (Native Title Act)
Location:Dimbulah, Queensland, Australia
Approx thirty kilometres north-west of Dimbulah in the Tablelands Regional Council, Far North Queensland
Legal Status: Registered on the National Native Title Tribunal Register of Native Title Determinations
Legal Reference: Federal Court No: QUD208/1997; Tribunal file no.:QC95/11 QC96/5 Federal Court no.: QUD6022/1998 Federal Court no.: QUD208/1997
Alternative Names:
  • Djungan People No. 2
  • Subject Matter:Native Title | Recognition of Native Title or Traditional Ownership
    URL: http://www.austlii.edu.au/au/cases/cth/FCA/2012/801.html
    Summary Information:
    Between:
    James Archer, George Alexander Archer, Lola Brown, Saul Burns Snr, Ernie Burns, Andrew Garrett, Kenneth Jackson, Alfred Neal Snr, Percy Neal, Walter Richards Snr, Maxwell Underwood and Vincent Wason on behalf of the Djungan People #2 (APPLICANTS) and

    State of Queensland, Tablelands Regional Council and Ergon Energy Corporation Ltd (RESPONDENTS)

    Judge: Logan J

    Where made: Dimbulah

    Determination:

    Native title is held by the Djungan People:

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

    The exclusive native title rights and interests that exist over land in the determination area include:
    - the rights to possession, occupation, use and enjoyment of the area to the exclusion of all others.

    In relation to water in the exclusive native title area, the following non-exclusive rights apply:
    - the right to hunt, fish and gather from the water;
    - the right to take and use the natural resources of the water; and
    - the right to take and use the water for personal, domestic and non-commercial communal purposes.

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

    - the right to access, be present on, move about on and travel over the area;
    - to occupy, use and camp on the area and construct non-permanent structures;
    - hunt, fish and gather on the land and waters of the area for personal, domestic, and non-commercial communal purposes;
    - take, use, share and exchange natural resources from the land and waters of the area for personal, domestic and non-commercial communal purposes;
    - take and use the water for personal, domestic and non-commercial communal purposes;
    - conduct ceremonies on the area;
    - maintain places of importance and areas of significance to the native title holders under their traditional laws and customs and protect those places and areas from physical harm;
    - teach the physical and spiritual attributes of the area;
    - light fires on the area for domestic purposes but not for hunting or clearing vegetation; and
    - be buried and bury native title holders within the area.

    Non-native title rights and interests that exist within the determination area can be summarised as
    - the rights and interests of the parties under the agreement between the Applicant, the Nguddaboolgan Native Title Aboriginal Corporation ICN 7727 and the Tablelands Regional Council (the Djungan People/Tablelands Regional Council Agreement) and the agreement between the Applicant, the Nguddaboolgan Native Title Aboriginal Corporation ICN 7727 and the Ergon Energy Corporation Limited dated 4 July 2012, (the Djungan People/Ergon Energy Corporation Limited Agreement);
    - the rights and interests of the Tablelands Regional Council under the Local Government Act 2009 (Qld) as owner and operator of infrastructure, facilities and other improvements which are in the Determination Area and to enter and exercise rights within the Determination Area;
    - the rights and interests of Ergon Energy Corporation Limited as the owner and operator of any 'Works' as defined in the Electricity Act 1994 (Qld) within the Determination Area and as a distribution entity and the holder of a distribution authority under the Electricity Act 1994 (Qld) and rights created under the Electricity Act 1994 (Qld) and the Government Owned Corporations Act 1993 (Qld) including the rights to enter the Determination Area by its employees, agents or contractors and to inspect, maintain and manage any Works in the Determination Area;
    - the rights and interests of the holders of any leases, claims, licences, reservations, permits, easements or authorities granted under the Land Act 1994 (Qld), the Mineral Resources Act 1989 (Qld), the Forestry Act 1959 (Qld), the Water Act 2000 (Qld);
    - any other current rights and interests held by the State of Queensland or Commonwealth, or by anyone under the laws of the State and the Commonwealth.


    Provisions Relevant to the Native Title Rights

    Native title does not exist over
    - minerals or petroleum as defined in the Mineral Resources Act 1989 (Qld) and the Petroleum Act 1923 (Qld) and the Petroleum and Gas (Production and Safety) Act 2004 (Qld).

    The Nguddaboolgan Native Title Aboriginal Corporation is to be the prescribed body corporate for the purposes of the Native Title Act 1993 (Cth).


    Detailed Information:
    Background
    This application was heard together with Djungan People #1, #3 and #4 due to their geographical proximity. The applicants sought a determination of native title on behalf of the Djungan People over various lands with and proximate to the townships of Dimbulah, Kingsborough, Thornborough and Mount Mulligan in Far North Queensland.

    The Federal Court awarded the Djungan People exclusive rights to possession, occupation, use and enjoyment over approximately 149,915 ha of land within the Determination area. Non-exclusive native title was awarded over a further 33,058 ha within the Determination Area (Queensland Government, 2012).

    The North Queensland Land Council (NQLC) says it has taken 14 years to reach the native title consent determination. Martin Dore of the NQLC states that the recognition of native title is extremely important for the Djungan people.

    Minister Cripps stated that "preserving indigenous culture and identity through native title determinations is integral to achieving more economic benefits and independence for traditional owners on their land" (Queensland Government, 2012).

    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 signed agreement was then filed in the Federal Court pursuant to s 87 of the Native Title Act 1993 (Cth).

    The court was satisfied that a determination of native title was within the power of the court.

    Related Entries

    Agreement
  • Archer on behalf of the Djungan People #1 v State of Queensland [2012] FCA 801
  • Archer on behalf of the Djungan People #4 v State of Queensland [2012] FCA 801
  • Djungan People & Tablelands Regional Council Indigenous Land Use Agreement (ILUA)
  • Kondaparinga Station Body Corporate Indigenous Land Use Agreement (ILUA)
  • Indigenous Land Use Agreement relating to EPC772 and ATP718P
  • Djungan Small Scale Miners Indigenous Land Use Agreement (ILUA)
  • Organisation
  • Tablelands Regional Council - Respondent
  • Nguddaboolgan Native Title Aboriginal Corporation RNTBC
  • State of Queensland - Respondent
  • Ergon Energy Corporation Limited - Respondent
  • Legislation
  • Electricity Act 1994 (Qld)
  • Government Owned Corporations Act 1993 (Qld)
  • Mineral Resources Act 1989 (Qld)
  • Land Act 1994 (Qld)
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Forestry Act 1959 (Qld)
  • Water Act 2000 (Qld)
  • People
  • Djungan People - Native Title Applicants
  • The Djungan People - Native Title Applicants

  • References

    Media Release
    Queensland Government (02/08/2012) Djungan People’s native title rights recognised
    Newspaper Article
    Herald Sun (02/08/2012) Djungan people win native title in FNQ

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Aboriginal Corporation (Australia) | Applicant | Claimant Application (Native Title Act 1993 (Cth)) (Australia) | Consent Determination (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | Native Title Applicants | National Native Title Tribunal (NNTT) (Australia) | Native Title Holders (Native Title Act 1993 (Cth)) (Australia) | Native Title Registers | Native Title Applications/Claims (Australia) | Prescribed Body Corporate (PBC) (Native Title Act) (Australia) | Respondent

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