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Brian Sullivan & Ors on behalf of the Yulluna People #3 v State of Queensland & Ors

Category: Agreement
Binomial Name: Federal Court of Australia
Date: 28 March 2014
Sub Category:Consent Determination (Native Title Act)
Location:Cloncurry Shire, Queensland, Australia
Legal Status: Registered on the National Native Title Register of native title determinations.
Legal Reference: Tribunal file no. QCD2014/008 Federal Court file no(s) QUD189/2010
Subject Matter:Native Title
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/NNTR_details.aspx?NNTT_Fileno=QCD2014/008
Summary Information:
Brian Sullivan & Ors on behalf of the Yulluna People #3 v State of Queensland & Ors

Case unreported

Between:

Judge:
Where made:

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

Native title is held by the Yulluna People.

The non-exclusive native title rights over part of the determination area consist of
- the right to access the area, camp and build temporary shelters on the area;
- the right to hunt, fish and gather on the land and waters of the area for personal, domestic and non-commercial communal purposes;
- the right to take and use Natural Resources from the land and waters of the area for personal, domestic and noncommercial communal purposes;
- the right to take and use the Water of the area for personal, domestic and non-commercial communal purposes;
- 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 under their traditional laws and customs and protect those places; and
- the right to light fires on the area for domestic purposes including cooking, but not for the purpose of hunting or clearing vegetation.

Non-native title rights and interests that exist in the determination area include:
- the rights and interests of the parties under Indigenous Land Use Agreements (ILUAs);
- the rights and interests within the Determination Area held by lessees;
- the rights and interests of Telstra Corporation Limited as the operator of telecommunications facilities within the Determination Area;
- the rights and interests of Ergon Energy Corporation Limited as the owner and operator of any 'works' within the Determination Area;
- the rights and interests of the State of Queensland, the Boulia Shire Council, the Cloncurry Shire Council and the McKinlay Shire Council to access, use, operate, maintain and control the roads in the Determination Area and the rights and interests of the public to use and access the roads;
- the rights and interests of the Boulia Shire Council, the Cloncurry Shire Council and the McKinlay Shire Council under their local government jurisdiction and functions under the Local Government Act 2009 (Qld);
- the rights and interests of APT Pipelines (Qld) Pty Limited as the owner and operator of gaseous petroleum and associated liquid petroleum distribution facilities within the Determination Area;
- the rights and interests granted by the State of Queensland or the Commonwealth pursuant to statute, regulation or subordinate legislation, or in the exercise of its executive power; and
- the rights of any existing public access to 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

Yulluna 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 to be held on trust for the native title holder.
Detailed Information:
Background
The Federal Court determined that the Yulluna People were the traditional owners of more than 10,000 square kilometres of land, south of Mount Isa and west of Dajarra. The struggle to attain legal recognition of those rights and interests started 15 years before the date of the decision. (Stephens 2014) Parties to the claims include three local governments, the State Government of Queensland, several mining companies, as well as pastoralists and infrastructure companies.

"Mr Smith says the people will now be able to use the land to hunt, conduct ceremonies and teach their law and customs to future generations." (Stephens 2014)

'Aside from having deep cultural significance for the Yulluna People, today's determination brings the total number of native title claims settled in Queensland to 100 - 88 of which have been resolved by the consent of the parties involved,' Mr Murphy said (Muir 2014).

'Consent Determinations and ILUA play a critical role in maintaining the cultural and natural values of traditional lands. The preservation of indigenous culture and identity through native title determinations is a key step towards achieving more independence for traditional owners on their land.' (Muir 2014)


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 Yulluna People in relation to part of the land and waters covered by the Yulluna 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

Organisation
  • National Native Title Tribunal
  • State of Queensland
  • Boulia Shire Council
  • Cloncurry Shire Council
  • McKinlay Shire Council
  • Yulluna Aboriginal Corporation
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)

  • References

    General Reference
    Brad Muir (16/04/2014) Yulluna People’s native title rights recognised
    Kate Stephens (31 Mar 2014) 'Long struggle' ends for north-west Qld's Yulluna people with native title win

    Documents

    Document
    Brian Sullivan & Ors on behalf of the Yulluna People #3 v State of Queensland & Ors - ( PDF | PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Applicant | Consent Determination (Native Title Act 1993 (Cth)) (Australia) | Federal Government | Legislation | Local Government | Native Title (Australia) | Prescribed Body Corporate (PBC) (Native Title Act) (Australia) | Native Title Representative Body (NTRB) (Australia) | Representative Body | Respondent | State Government

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