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Elizabeth Dodd & Ors on behalf of the Gudjala People Core Country Claim #1 v State of Queensland & Ors

Category: Agreement
Binomial Name: Federal Court of Australia
Date: 18 March 2014
Sub Category:Consent Determination (Native Title Act)
Location:Charters Towers, Queensland, Australia
Legal Status: Registered on the National Native Title Register of native title determinations.
Legal Reference: Tribunal file no. QCD2014/006 Federal Court file no(s) QUD80/2005
Subject Matter:Access | Education | Fishing | Land Use | Native Title
URL: http://www.austlii.edu.au/au/cases/cth/FCA/2014/231.html
Summary Information:
Elizabeth Dodd & Ors on behalf of the Gudjala People Core Country Claim #1 v State of Queensland & Ors

Between:
Elizabeth Dodd, Andrew (Smokey) Anderson, Christine Hero, Priscilla Michelle Huen And Gloria Santo On Behalf Of The Gudjala People Core Country Claim #1 (APPLICANT)

and

State Of Queensland (FIRST RESPONDENT)

The Commonwealth Of Australia (SECOND RESPONDENT)

Charters Towers Regional Council (THIRD RESPONDENT)

Flinders Shire Council (FOURTH RESPONDENT)

Ergon Energy Corporation Limited (FIFTH RESPONDENT)

Citigold Corporation Limited (SIXTH RESPONDENT)

Richard Dudley Anning, Henry James Atkinson, Susan Atkinson, Leslie Arthur Brazier, Marion Linda Brazier, Michelle Maree Burge, John David Burge, Helen Margaret Cook, Phillip Leonard Cook, Jacqueline Olga Core Heath, Warren Robert Jackson, Robert Charles Lawrie Trading As Rc & Jj Lawrie, Elizabeth Anne Lyons, Gerard Frances Lyons, John Dominic Lyons, Ronda Margaret Lyons, Lynette Margaret Maitland, Percy William George Maitland, Hector Edmond Moody, Margaret Jean Moody, Nacre Pty Ltd, Trevor Torkington, Venetta Baverley Torkington, Daniel John Turley, Marie Ann Turley, John Norman James Weir And Prue Ann Weir (SEVENTH - THIRTY-THIRD VARIOUS PASTORAL RESPONDENTS)

James Cook University (THIRTY-FOURTH RESPONDENT)

Judge:
Where made:

Determination:

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

Native title is held by the Gudjala People.

The exclusive native title rights over part of the determination area consist of:
- other than in relation to Water, the rights to possession, occupation, use and enjoyment of the determination area.

The non-exclusive native title rights over part of the determination area consist of:
- the right to hunt, fish and gather from the Water of the area for personal, domestic and non-commercial communal purposes;
- the right to access, be present on, move about on and travel over the area;
- the right to camp, and live temporarily on the area as part of camping, and to built temporary shelters;
- the right to conduct ceremonies and teach on the area;
- the right to maintain places of importance and areas of significance to the native title holders;
- the right to light fires on the area for domestic purposes including cooking, but not for the purpose of hunting or clearing vegetation;
- the right to take and use the natural resources of the water in the area for personal, domestic and non-commercial communal purposes; and
- the right to take and use the water of the area for personal, domestic and non-commercial communal purposes.

Non native title rights and interests that exist within the determination area include:
- the rights and interests of parties under ILUAs;
- the rights and interests of Telstra Corporation Limited as the operator of telecommunications facilities installed within the Determination Area;
- the rights and interests of Ergon Energy Corporation as the owner and operator of any 'Works' within the Determination Area;
- the rights and interests of the State of Queensland and the Charters Towers Regional Council and Flinders Shire Council to access, use, operate, maintain and control the dedicated roads in the Determination Area and the rights and interests of the public to use and access the roads;
- the rights and interests of Charters Towers Regional Council and Flinders Shire Council;
- the rights and interests of Citigold Corporation Limited and its related bodies corporate;
- the rights and interests of the holders of any leases, licences, reservations, permits, easements or authorities granted under the Land Act 1994 (Qld), and any relevant regulations or subordinate legislation 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); and
- the rights and interests of the public pursuant to s 212(2) of the Native Title Act 1993 (Cth) and s 18 of the Native Title (Queensland) Act 1993 (Qld) as at the date of this determination, for the public access to, and enjoyment of, certain places in the Determination Area.

In the case of conflict, the exercise of non-native title rights and interests will prevail over the non-exclusive native title.

Provisions Relevant to the Native Title Rights

Ngrragoonda Aboriginal Corporation, as the prescribed body corporate, is to perform functions required under the Native Title Act 1993 (Cth) and to act as agent for the native title holders. The native title is not held on trust for the native title holders.
Detailed Information:
Background


Details of Judgement

Through mediation, agreement has been reached as to the terms of a determination of native title to provide recognition of the native title rights and interests held by the Gudjala People in relation to part of the land and waters covered by the Gudjala Application. The signed agreement was then field 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
  • Dodd on behalf of the Gudjala People Core Country Claim #2 v State of Queensland & Ors [2014] FCA 231
  • Organisation
  • National Native Title Tribunal
  • State of Queensland
  • Charters Towers Regional Council
  • Flinders Shire Council
  • Ngrragoonda Aboriginal Corporation RNTBC
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • People
  • Elizabeth Dodd, Andrew (Smokey) Anderson, Gloria Santo, Christine Hero and Priscilla Michelle Huen on their own behalf and on behalf of the Gudjala People

  • Documents

    Document
    Gudjala People #1 - ( PDF | PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Applicant | Federal Government | Legislation | Local Government | National Native Title Tribunal (NNTT) (Australia) | Native Title (Australia) | Native Title Applicants | Prescribed Body Corporate (PBC) (Native Title Act) (Australia) | Native Title Holders (Native Title Act 1993 (Cth)) (Australia) | Respondent | Native Title Registers

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