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McLennan on behalf of the Jangga People v State of Queensland [2012] FCA 1082

Category: Agreement
Binomial Name: Federal Court of Australia
Sub Category:Consent Determination (Native Title Act)
Location:Central Eastern Queensland, Queensland, Australia
Located in Central Eastern Queensland between Glenden, Lake Dalrymple and Moray Downs
Legal Status: Registered on the National Native Title Tribunal Register of Consent Determinations
Legal Reference: Tribunal file no.: QC98/10 Federal Court no.: QUD6230/1998
Alternative Names:
  • Jangga People
  • Subject Matter:Access | Mining and Minerals | Native Title | Pastoral Activities | Recognition of Native Title or Traditional Ownership | Recognition of Traditional Rights and Interests
    URL: http://www.austlii.edu.au/au/cases/cth/FCA/2012/1082.html
    Summary Information:
    Between: Colin McLennan, Thomas Brown, James Gaston, Dorothy Hustler, Marie McLennan and Tyrone Tiers on behalf of the Jangga People (APPLICANTS) and

    State of Queensland, Charters Towers Regional Council, Isaac Regional Council, Whitsunday Regional Council, Ergon Energy Corporation Ltd, QCoal Oty Ltd, Talbot Group Exploration Pty Ltd, Xstrata Coal Queensland Pty Ltd, Clinta Holdings Pty Ltd and Christopher Allingham, Lorna P Allingham, Josephine P Allingham, Josephine Violet Angus, Blair John Angus, Clova Marie Angus, Neil Alan Angus, Brian Corbett, Lorraine Corbett, Joyce Iris Crocker, Edwin Francis Dennis, Patricia Robyn Dennis, Lillian Mary Duckett, Robert Duckett, Ross William Flohr, Margaret Mary Flohr, Meryl Elizabeth Glenwright, Dawn Elizabeth Glenwright, Jon Alan Glenwright, William Terence Kenny, Kelvin Cedric Maloney, Edward Peter Mason, Mora Ellen Mason, Valda Ann Mason, Helen Pastega, John Peter Pastega, Margaret Elvey Philp, Jonathon Charles Philip, Jennifer Maria Plath, Stephen John Plath, Richard McAulay Powell, Robyn Jane Simmons, Richard Hugh Simmons, Ainslie Bruce McKenzie Templeton, Marion Catherine Whalan, George Edward Whalan, Kristine Margaret Appleton and William Dale Appleton (RESPONDENTS)

    Judge: Rares J

    Where made: Glenden

    Determination:

    Native title is held by the Jangga People:

    Native title exists over part 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 of access over the area;
    - the right to camp, and live temporarily on the area and build temporary shelters;
    - the right to hunt, fish and gather for personal, domestic and non-commercial communal purposes;
    - the right to take, use, share and exchange Natural Resources from the land and waters of the area for personal, domestic and non-commercial communal purposes;
    - the right to take and use the Water of the area for personal, domestic and noncommercial communal purposes;
    - the right to conduct ceremonies on the area;
    - the right to be buried and bury native title holders within the area;
    - the right to 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;
    - the right to teach on the area the physical and spiritual attributes of the area;
    - the irght to hold meetings on the area; and
    - the right to light fires on the area for domestic purposes but not for the purpose of hunting or clearing vegetation.


    Non-native title rights and interests that exist within the determination area can be summarised as

    Rights and interests arising under the following Indigenous Land Use Agreements
    - the Jangga Protected Areas indigenous land use agreement;
    - the Jangga People - Ergon Energy agreement;
    - the Jangga People and Charters Towers Regional Council, Isaac Regional Council and Whitsunday Regional Council indigenous land use agreement (QI2007/007) entered on the Register of Indigenous Land Use Agreements on 11 February 2010;
    - the Jangga/Amphion and Bingeringo ILUA;
    - the Jangga/Arundel ILUA;
    - the Jangga/Avalon, Cerito, Mount Lookout and Rosetta Creek ILUA;
    - the Jangga/Avon Downs ILUA;
    - the Jangga/Billiwallah ILUA;
    - the Jangga/Bilyana, Bungobine, Eaglefield and Emin ILUA;
    - the Jangga/Bobby Dazzler Creek ILUA;
    - the Jangga/Bundoba, Camberwell, Verbena and Yacamunda ILUA;
    - the Jangga/Caerphilly ILUA;
    - the Jangga/Danae ILUA;
    - the Jangga/Disney ILUA;
    - the Jangga/Dooyne ILUA;
    - the Jangga/Durdham ILUA;
    - the Jangga/Elgin Downs ILUA;
    - the Jangga/Frankfield ILUA;
    - the Jangga/Glen Easter, Mount Wyatt and Sellheim ILUA;
    - the Jangga/Glendon ILUA;
    - the Jangga/Goodoawada, Old Twin Hills and Waminda ILUA;
    - the Jangga/Gunjulla ILUA;
    - the Jangga/Gunnadoo (aka Cramoisie) ILUA;
    - the Jangga/Ill-I-Ra (aka Bungobine) ILUA;
    - the Jangga/Kenilworth ILUA;
    - the Jangga/Lanark ILUA;
    - the Jangga/Larne ILUA;
    - the Jangga/Llanarth ILUA;
    - the Jangga/McGregor Creek ILUA;
    - the Jangga/Moonlight Creek ILUA;
    - the Jangga/Mount Dillingen ILUA;
    - the Jangga/Mount McConnel ILUA;
    - the Jangga/Panitya and Startlemere ILUA;
    - the Jangga/Pinang ILUA;
    - the Jangga/Rossmore ILUA;
    - the Jangga/Scartwater ILUA;
    - the Jangga/Suttor Creek ILUA;
    - the Jangga/Teviot Brook ILUA;
    - the Jangga/Ukalunda ILUA;
    - the Jangga/Urella ILUA;
    - the Jangga/Warrigal ILUA;
    - the Jangga/Wilandspey ILUA;
    - the Jangga/Wirralie ILUA; and
    - the Jangga/Wyarra (aka Why Not) ILUA.

    Other rights and interests include:

    - The rights and interests of the holders of any authorities, licences, permits or allocations under the Water Act 2000 (Qld);
    - The rights and interests of the holders of any leases, licences, reservations, permits, easements or authorities granted under the Land Act 1994 (Qld). A number of such leases and licences were referred to in the Jangga judgement;
    - The rights and interests of the State of Queensland and the holders of any leases, agreements, licences, permits or authorities pursuant to the Nature Conservation Act 1992 (Qld) and subordinate legislation relating to the use and management of Wilandspey Conservation Park and Blackwood National Park;
    - The rights and interests of the State of Queensland and any other person existing under or by reason of the force and operation of the Forestry Act 1959 (Qld) and any subordinate legislation, declarations or management plans made under that Act;
    - The rights and interests of the holders of any permits, claims, licences or leases granted under the Mineral Resources Act 1989 (Qld) or under the Petroleum Act 1923 (Qld) or the Petroleum and Gas (Production and Safety) Act 2004 (Qld) in the Determination Area;
    - The rights and interests of Xstrata Coal Queensland Pty Ltd as the holder of mining leases ML 4748, ML 4771, ML 4774, ML 4761, exploration permits EPC 727, EPC 976, EPC 977,
    as lessee under pastoral holding PDH 5/3807 on Lot 3 on Plan SP171922, arising under the Cultural Heritage Management Plan Implementation Agreement - Suttor Creek Mining Lease between Xstrata Coal Queensland Pty Ltd and the Applicant dated 30 November 2004, arising under the Deed Regarding the Grant of Mining Lease Surface Area pursuant to s 31 of the Native Title Act 1993 (Cth) for ML 4761 2005 and associated 'Ancillary Agreement' and arising under the Suttor Creek Access Road Agreement 2004 and under the Deed of Confirmation and Assumption for the Suttor Creek Access Road 2004;
    - The rights and interests of Ergon Energy Corporation Limited as the owner and operator of works within the Determination Area, as a distribution entity and the holder of a distribution authority under the Electricity Act 1994 (Qld), created under the Electricity Act 1994 (Qld) and the Government Owned Corporations Act 1993 (Qld).
    - The rights and interests of Queensland Electricity Transmission Corporation Ltd as an electricity entity exercising statutory functions, power or rights, and as the owner and operator of electricity transmission facilities situated upon the Determination Area.
    - The rights and interests of Isaac Regional Council, Charters Towers Regional Council and Whitsunday Regional Council including any rights the Councils, their employees, agents or contractors have under their local government jurisdiction and functions under the Local Government Act 2009 (Qld), under the Land Protection (Pests and Stock Route Management) Act 2002 (Qld) and under any other legislation, for that part of the Determination Area within their local government area.
    - The rights and interests of QCoal Pty Ltd as the holder of exploration permits EPC 614, EPC 739 and EPM 18546 granted under the Mineral Resources Act 1989 (Qld), as the lessee under term lease described as TL 0/235359 over Lot 689 on Plan SP251696, arising under the Cultural Heritage Management Plan between Byerwen Coal Pty Ltd and the Jangga People dated 23 June 2011 and arising under the Deed Regarding the Grant of Mining Leases 70434 and 70436 pursuant to section 31(1)(b) of the Native Title Act 1993 (Cth) between the State of Queensland, the Jangga People and Byerwen Coal Pty Ltd dated 21 July 2011.
    - The rights and interests of Telstra Corporation Limited as the owner or operator of telecommunications facilities within the Determination Area, created pursuant to the Post and Telegraph Act 1901 (Cth), the Telecommunications Act 1975 (Cth), the Australian Telecommunications Corporation Act 1989 (Cth), the Telecommunications Act 1991 (Cth) and the Telecommunications Act 1997 (Cth), including rights to inspect land, install and operate telecommunications facilities and alter, remove, replace, maintain, repair and ensure the proper functioning of its telecommunications facilities, for its employees, agents or contractors to access its telecommunications facilities in the Determination Area in performance of their duties and any rights arising under any lease, licence, access agreement or easement relating to its telecommunications facilities in the Determination Area.
    - Public rights of access to waterways, beds and banks or foreshores of waterways, stock routes and areas that were public places at the end of 31 December 1993.
    - Public rights and interests arising under the common law, including the public right to fish .
    - Any other rights and interests held by the State of Queensland or Commonwealth of Australia or by operation of any State or Commonwealth Law.


    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 native title is held in trust. The Bulganunna Aboriginal Corporation is to be the prescribed body corporate for the purposes of the Native Title Act 1993 (Cth).

    Detailed Information:
    Background

    The Jangga application began over 14 years ago with an application for determination of native title lodged in 1998. The application was accepted for registration in 2000.

    The Federal Court recognised the Jangga People's Native Title rights and interests over approximately 11,350 square kilometres of land in Central Queensland.

    Natural Resources and Mines Minister Andrew Cripps said today's decision reaffirmed the Jangga People's affinity with their traditional lands around Mount Coolon, Urella and Lake Dalrymple.

    'This Native Title Consent Determination recognises the Jangga People's exclusive native title rights and non-exclusive rights to access, hunt, fish and gather within the determination area in accordance with their traditional laws and customs,' Mr Cripps said (The Honourable Minister Cripps, Media Release, 2012).

    Jangga elder Col McLennan says the decision will greatly benefit his people.

    "A lot of things are going to be bigger and better for the Jangga people and all the other traditional owners around the Jangga clan." (ABC News 2012)

    The Determination Area includes 218 parcels of land comprising of reserves, national park, unallocated State land, pastoral holdings and lease land.

    A number of Indigenous Land Use Agreements (ILUAs) have been entered into as a result of the determination. The ILUAs will establish how native title rights and interests will be exercised in the Determination Area, providing a framework for managing cultural heritage issues, future activities, and use and access arrangements.

    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
  • Jangga People and Charters Towers Regional Council, Isaac Regional Council and Whitsunday Regional Council Indigenous Land Use Agreement (ILUA)
  • Jangga People/Plath Indigenous Land Use Agreement (ILUA)
  • Jangga Protected Areas Indigenous Land Use Agreement (ILUA) - in progress
  • Jangga People and Charters Towers Regional Council, Isaac Regional Council and Whitsunday Regional Council Indigenous Land Use Agreement (ILUA) in progress
  • Jangga/Amphion and Bingeringo Indigenous Land Use Agreement (ILUA) - READY FOR PROOFING
  • Jangga/Arundel Indigenous Land Use Agreement (ILUA) - READY FOR PROOFING
  • Jangga/Avalon, Cerito, Mount Lookout and Rosetta Creek Indigenous Land Use Agreement (ILUA) - READY FOR PROOFING
  • Jangga/Avon Downs Indigenous Land Use Agreement (ILUA)
  • Jangga/Bulliwallah Indigenous Land Use Agreement (ILUA)
  • Jangga/Bilyana, Bungobine, Eaglefield and Emin Indigenous Land Use Agreement (ILUA)
  • Jangga/Bobby Dazzler Creek Indigenous Land Use Agreement (ILUA)
  • Jangga/Bundoba, Camberwell, Verbena and Yacamunda Indigenous Land Use Agreement (ILUA) - not yet registered, but referenced in a CD
  • Jangga/Caerphilly Indigenous Land Use Agreement (ILUA)
  • Jangga/Danae Indigenous Land Use Agreement (ILUA) - not yet registered, but referenced in a CD
  • Jangga/Disney Indigenous Land Use Agreement (ILUA)
  • Jangga/Dooyne Indigenous Land Use Agreement (ILUA)
  • Jangga/Durdham Indigenous Land Use Agreement (ILUA)
  • Jangga/Elgin Downs Indigenous Land Use Agreement (ILUA)
  • Jangga People/Frankfield Indigenous Land Use Agreement (ILUA)
  • Jangga/Glen Easter, Mount Wyatt and Sellheim Indigenous Land Use Agreement (ILUA)
  • Jangga/Glendon Indigenous Land Use Agreement (ILUA) - nothing published yet, but referenced in a CD
  • Jangga/Goodoawada, Old Twin Hills and Waminda Indigenous Land Use Agreement (ILUA)
  • Jangga/Gunjulla Indigenous Land Use Agreement (ILUA)
  • Jangga/Gunnadoo (aka Cramoisie) Indigenous Land Use Agreement (ILUA)
  • Jangga/Ill-I-Ra (aka Bungobine) Indigenous Land Use Agreement (ILUA)
  • Jangga/Kenilworth Indigenous Land Use Agreement (ILUA)
  • Jangga/Lanark Indigenous Land Use Agreement (ILUA)
  • Jangga/Larne Indigenous Land Use Agreement (ILUA)
  • Jangga/Llanarth Indigenous Land Use Agreement (ILUA) - in progress, saved on desktop
  • Jangga/McGregor Creek Indigenous Land Use Agreement (ILUA)
  • Jangga/Moonlight Creek Indigenous Land Use Agreement (ILUA)
  • Jangga/Mount Dillingen Indigenous Land Use Agreement (ILUA) - nothing published yet, but referenced in a CD
  • Jangga/Mount McConnell Indigenous Land Use Agreement (ILUA)
  • Jangga/Panitya and Startlemere Indigenous Land Use Agreement (ILUA)
  • Jangga/Pinang Indigenous Land Use Agreement (ILUA)
  • Jangga/Rossmore Indigenous Land Use Agreement (ILUA) - nothing published yet, but referenced in a CD
  • Jangga/Scartwater Indigenous Land Use Agreement (ILUA) - nothing published yet, but referenced in a CD
  • Jangga/Suttor Creek Indigenous Land Use Agreement (ILUA)
  • Jangga/Teviot Brook Indigenous Land Use Agreement (ILUA)
  • Jangga/Ukalunda Indigenous Land Use Agreement (ILUA)
  • Jangga/Urella Indigenous Land Use Agreement (ILUA)
  • Jangga/Warrigal Indigenous Land Use Agreement (ILUA)
  • Jangga/Wilandspey Indigenous Land Use Agreement (ILUA)
  • Jangga/Wirralie Indigenous Land Use Agreement (ILUA) - in progress
  • Jangga/Wyarra (aka Why Not) Indigenous Land Use Agreement (ILUA)
  • Jangga People Protected Areas Indigenous Land Use Agreement (ILUA)
  • Jangga People/Clermont Group Quarry Indigenous Land Use Agreement (ILUA)
  • Jangga People and Ergon Energy Indigenous Land Use Agreement (ILUA)
  • Organisation
  • State of Queensland - Respondent
  • Charters Towers Regional Council - Respondent
  • Isaac Regional Council - Respondent
  • Whitsunday Shire Council - Respondent
  • Ergon Energy Corporation Limited - Respondent
  • Xstrata Plc - Respondent
  • Legislation
  • Water Act 2000 (Qld)
  • Mineral Resources Act 1989 (Qld)
  • Land Act 1994 (Qld)
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Nature Conservation Act 1992 (Qld)
  • Forestry Act 1959 (Qld)
  • Petroleum Act 1923 (Qld)
  • Petroleum and Gas (Production and Safety) Act 2004 (Qld)
  • Electricity Act 1994 (Qld)
  • Local Government (Aboriginal Lands) Act 1978 (Qld)
  • Telecommunications Act 1975 (Cth)
  • Australian Telecommunications Corporation Act 1989 (Cth)
  • Telecommunications Act 1997 (Cth)
  • Telecommunications Act 1991 (Cth)
  • People
  • Jangga People - Native Title Claimant

  • References

    General Reference
    Brock Taylor, ABC News (Wed Oct 10, 2012 ) Jangga people celebrate native title win
    Media Release
    Minister for Natural Resources and Mines The Honourable Andrew Cripps (October 09, 2012) Jangga People’s native title rights recognised
    Newspaper Article
    Trent Dalton (November 10, 2012 ) The final word on a dream of native title

    Documents

    Map
    McLennan on behalf of the Jangga People v State of Queensland [2012] FCA 1082 Determination Area Map - ( Image)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Aboriginal Corporation (Australia) | Applicant | Area Agreement (Australia) | Body Corporate Agreement (Australia) | Consent Determination (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Lease | Local Government | National Native Title Tribunal (NNTT) (Australia) | Native Title (Australia) | Native Title Applicants | Native Title Applications/Claims (Australia) | Native Title Determination (Australia) | Native Title Claimants (registered) (Australia) | Native Title Holders (Native Title Act 1993 (Cth)) (Australia) | National Park | Native Title Registers | Registration Test (Native Title Act 1993 (Cth)) (Australia) | Respondent | Party to an Indigenous Land Use Agreement (ILUA) (Australia)

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