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Mundraby on behalf of the Combined Mandingalbay Yidinji-Gunggandji People v State of Queensland [2012] FCA 1039

Category: Agreement
Binomial Name: Federal Court of Australia
Date: 21 September 2012
Sub Category:Consent Determination (Native Title Act)
Location:In the vicinity of Cairns , Queensland, Australia
This determination recognises native title rights and interests over approximately 82 square kilometres of the Combined Mandingalbay Yidinji-Gunggandji People's traditional land in south Yarrabah DOGIT and various parcels around Yarrabah, North Queensland.
Legal Status: Registered on the National Native Title Tribunal Register of Native Title Determinations
Legal Reference: Tribunal file no.: QC99/39 Federal Court no.: QUD6016/2001
Alternative Names:
  • Combined Mandingalbay Yidinji-Gunggandji People
  • Subject Matter:Native Title | Recognition of Native Title or Traditional Ownership | Recognition of Traditional Rights and Interests
    URL: http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FCA/2012/1039.html
    Summary Information:
    Between:
    Vincent Mundraby & Ors on Behalf of the Combined Mandingalbay Yidinji-Gunggandji People
    (APPLICANTS) and

    State Of Queensland, Yarrabah Aboriginal Shire Council, Black And White (Quick Service) Taxis Pty Ltd, Ergon Energy Corporation Limited, Dorita Ann Bounghi, Brent Pearson, The Public Trustee of Queensland as Executor of the Estate Of Donald Cyprian Murray (Deceased), Errol Leonard Thomas, Andrew Miller, Adrian Clive Murray
    (RESPONDENTS)

    Judge: Dowsett J

    Where made: Cairns

    Determination:

    Native title exists in part of the determination area. It consists of exclusive native title rights in relation to land.

    Native title is held by the Mandingalbay Yidinji and Gunggandji People.

    The exclusive native title rights over the determination area other than in relation to water consist of
    - the rights to possession, occupation, use and enjoyment to the exclusion of all others.

    The non-exclusive rights in relation to water consist of
    - the right to hunt, fish and gather from the Water of the area;
    - the right to take and use the Natural Resources of the Water of the area; and
    - the right to take and use the Water of the area,
    for personal, domestic and non-commercial communal purposes.

    Other rights and interests that exist in the determination area include:

    The rights and interests of the parties under the following indigenous land use agreements:
    - Yarrabah Blockholders ILUA;
    - Yarrabah DOGIT Transfer ILUA;
    - Yarrabah Towers ILUA;
    - Yarrabah Local Government ILUA;
    - Ergon Energy and Combined Mandingalbay Yidinji Gunggandji People ILUA; and
    - Mandingalbay Yidinji Gunggandji and Wanyurr Majay People ILUA;
    - The rights and interests of the grantee and others under the Deed of Grant in Trust dated 23 August 2012 and under former Deed of Grant in Trust dated 25 October 1986;
    - The rights and interests of the holder of a perpetual lease granted under the Aborigines and Torres Strait Islander (Land Holding) Act 1985 within the external boundary of Part of Lot 207 on Plan SP167913 described in Schedule 2;
    - The rights and interests of the Yarrabah Aboriginal Shire Council under Local Government Acts as defined in the Local Government Act 2009 (Qld) which apply to the Determination Area including any rights the Council or its employees or agents have as owner and operator of infrastructure, facilities and other improvements which are in the Determination Area as at the date of this determination and to enter and exercise rights within the Determination Area in accordance with the Local Government Act 2009 (Qld);
    - 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 and created under the Electricity Act 1994 (Qld) and the Government Owned Corporations Act 1993 (Qld);
    - The rights and interests of Black & White (Quick Service) Taxis Ltd as the owner or operator of telecommunications facilities and other infrastructure within the Determination Area and as the grantee of an authority under s 34 of the Nature Conservation Act 1992 (Qld) relating to the use and management of its telecommunications facilities in the Determination Area;
    - The rights and interests of the State of Queensland under the Nature Conservation Act 1992 (Qld) and subordinate legislation relating to the use and management of that part of the Malbon Thompson Conservation Park within the Determination Area;
    - The rights and interests of the holders of any current leases, agreements, licences, permits or authorities granted under the Nature Conservation Act 1992 (Qld);
    - The rights and interests of the Wet Tropics Management Authority pursuant to the Wet Tropics World Heritage Protection and Management Act 1993 (Qld) and the Wet Tropics Management Plan 1998 (Qld);
    - The rights and interests of the holders of any permits granted under the Wet Tropics Management Plan 1998 (Qld); and
    - Any other legal rights and interests.


    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

    An Aboriginal Corporation, whose name will be nominated within six months is to be the prescribed body corporate and to perform functions required under the Native Title Act 1993 (Cth).
    The native title is not to be held in trust for the native title holders.

    Detailed Information:
    Background

    This claim was lodged by two separate indigenous groups, the Mandingalbay Yidinji and the Gunggandji however both groups enjoy an 'exclusive' or unique ancestrally-based association with the claimed area, one which expresses their entitlement to publicly identify with this country based upon the laws and customs of 'respectful communication'.

    The Gunggandji people were the main occupants of the Cape Grafton area when the Anglican mission at Mission Bay was established in 1892.

    The Mandingalbay Yidinji people are part of a large Aboriginal nation, the Yidinji people.
    The Yidinji people occupied an area inland and largely to the west of the escarpment surrounding the Cairns area.

    Native title consent determinations by the Mandingalby Yidinji and Gunggandji cover both of these areas. The present claim lies east of the Mandingalbay Yidinji land and to the south and west of the Gunggandji land. The claim stretches from a point near to the mouth of Trinity Inlet in the north, to Palmer Point in the south with an extensive coastline.

    The determination progress has been slow and hindered by resolution of difficult questions of law relating to claims by blockholders to land pursuant to Queensland legislation.

    A number of indigenous land use agreements have been negotiated in order to ensure the ongoing operation of infrastructure and other services to the Yarrabah community and the wider Cairns region.


    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 Mandingalbay Yidinji and Gunggandji People in relation to part of the land and waters covered by the Mandingalbay Yidinji-Gunggandji Application. 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
  • Combined Mandingalbay Yidinji Gunggandji People and Ergon Energy Indigenous Land Use Agreement (ILUA)
  • Combined Mandingalbay Yidinji Gunggandji Yarrabah Towers Indigenous Land Use Agreement (ILUA)
  • Combined Mandingalbay Yidinji Gunggandji Yarrabah Local Government Indigenous Land Use Agreement (ILUA)
  • Combined Mandingalbay Yidinji Gunggandji Yarrabah Blockholders Indigenous Land Use Agreement (ILUA)
  • Combined Mandingalbay Yidinji Gunggandji Yarrabah DOGIT Transfer Indigenous Land Use Agreement (ILUA)
  • Organisation
  • State of Queensland - Respondent
  • Yarrabah Community Council - Respondent
  • Black & White (Quick Service) Taxis Ltd - Respondent
  • Ergon Energy Corporation Limited - Respondent
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Nature Conservation Act 1992 (Qld)
  • Wet Tropics World Heritage Protection and Management Act 1993 (Qld)
  • People
  • Mandingalbay Yidinji Gunggandji People - Native Title Claimant
  • Dorita Ann Bounghi - Respondent
  • Brent Pearson - Respondent
  • The Public Trustee of Queensland as Executor of the Estate Of Donald Cyprian Murray (Deceased) - Respondent
  • Errol Leonard Thomas, Andrew Miller and Adrian Clive Murray - Respondent

  • References

    Media Release
    Minister for Natural Resources and Mines The Honourable Andrew Cripps (21 September 2012 ) Mandingalbay Yidinji-Gunggandji People’s Native Title rights recognised

    Glossary

    Aboriginal Corporation (Australia) | Applicant | Consent Determination (Native Title Act 1993 (Cth)) (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title Applicants | Native Title (Australia) | Native Title Determination (Australia) | Native Title Holders (Native Title Act 1993 (Cth)) (Australia) | Native Title Representative Body (NTRB) (Australia) | Native Title Registers | Native Title Applications/Claims (Australia) | Respondent

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