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Riley v State of Queensland [2006] FCA 72

Category: Agreement
Binomial Name: Federal Court of Australia
Date: 17 February 2006
Sub Category:Consent Determination (Native Title Act)
Location:Queensland, Australia
This determination area is a pastoral property located 210km north-west of Cairns, being Lot 285 on Survey Plan 108034, Parish of Tregoora, and Lot 1 on Crown Plan CF14, Parish of Harbord, County of Chelmsford.
Legal Status: Registered on the National Native Title Register (
Legal Reference: Federal Court No. QUD6089/1998; National Native Ti
Alternative Names:
  • Western Yalanji People #3
  • Subject Matter:Native Title
    URL: http://www.austlii.edu.au/au/cases/cth/federal_ct/2006/72.html
    Summary Information:
    Riley v State of Queensland [2006] FCA 72 (17 February 2006)

    Between: Rodney Riley on his behalf and on behalf of the Western Yalanji People (APPLICANT) and State of Queensland, Cook Shire Council, Mareeba Shire Council, Herbert James Robinson, Queensland Lapidary and Allied Craft Clubs Association and Alan Charles and Karen Lea Pedersen (RESPONDENTS).

    Judge: Allsop J
    Where made: Mount Carbine

    Native title was found to exist in the entire determination area.

    The area covered by the native title determination is Lot 285 on Survey Plan 108034, Parish of Tregoora, and Lot 1 on Crown Plan CF14, Parish of Harbord, County of Chelmsford.

    This is over 200 square kilometres of land and waters located 210 km north-west of Cairns. The area is a pastoral property known as 'Karma Waters'.

    The native title rights found to exist in the determination area are non-exclusive, and include the right to be present on, use and enjoy the determination area, and to inherit and succeed to these native title rights and interests. These include the right to, within the land of the determination area:
  • Hunt, fish and gather for personal, domestic and non-commercial communal purposes;
  • Conduct ceremonies;
  • Bury and be buried;
  • Maintain the springs and wells from which underground water rises naturally, for the sole purpose of ensuring the free flow of water;
  • Use and take natural resources for personal, domestic or non-commercial communal purposes; and
  • Maintain and protect places of importance to the Western Yalanji People under their traditional laws and customs.

    In relation to the water within the determination area, the Western Yalanji People have the right to take, use and enjoy the water, as well as hunt, fish and gather in and from the water for personal, domestic or non-commercial communal purposes.

    These native title rights must be exercised in accordance with the traditional laws and customs observed by the Native Title Holders, the laws of Queensland and the Commonwealth and the other rights and interests that exist in the determination area.

    These other rights and interests include the rights of the lessee, the State of Queensland, the Native Title Holders, Cook Shire Council, the Mareeba Shire Council, the Queensland Lapidary and Allied Craft Clubs Association under various Indigenous Land Use Agreements. They also include the rights of various lease and licence holders, including the rights of permittees under a minerals Exploration Permit.

    The native title holders are the Western Yalanji People (as described in Schedule 2).

    The registered native title body corporate in relation to this determination is the Western Yalanji Aboriginal Corporation.
  • Detailed Information:
    The Western Yalanji people were the first indigenous people in Australia to reach a native title agreement over a pastoral property over six years ago. This new agreement is over the same pastoral property, known as 'Karma Waters', and was reached after mediation assistance from the National Native Title Tribunal.

    At the time this determination was made, the Western Yalanji people still had another four native title applications under way.

    Related Entries

    Agreement
  • Watershed Tungsten Project Indigenous Land Use Agreement (ILUA)
  • Organisation
  • North Queensland Land Council Native Title Representative Body Aboriginal Corporation
  • National Native Title Tribunal
  • Western Yalanji Aboriginal Corporation
  • State of Queensland - Respondent
  • Cook Shire Council - Respondent
  • Mareeba Shire Council - Respondent
  • Queensland Lapidary and Allied Craft Club Association Inc. - Respondent
  • Federal Court of Australia
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • People
  • Rodney Riley on his own behalf and on behalf of the Western Yalanji People - Native Title Claimant
  • Western Yalanji People
  • Herbert James Robinson - Respondent
  • Pedersen, Alan and Karen - Respondent

  • References

    Media Release
    National Native Title Tribunal (2006) Western Yalanji get their second native title win
    Resource
    National Native Title Tribunal (2004) Native Title by Consent Determinations

    Glossary

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

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