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Sandy on behalf of the Yugara People v State of Queensland (No 3) [2015] FCA 210

Category: Agreement
Date: 16 March 2015
Sub Category:Consent Determination (Native Title Act)
Location:Brisbane, Queensland, Australia
The determination area is outlined in the Schedule of the judgment. It is situated in a large part of the greater Brisbane area, including the Brisbane CBD.
Legal Status: Registered on the National Native Title Register.
Legal Reference: Tribunal file no.: QCD2015/001; Federal Court file nos.: QUD6196/1998, QUD586/2011.
Subject Matter:Native Title
URL: http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FCA/2015/210.html?stem=0&synonyms=0&query=title(Yugara%20People%20and%20State%20of%20Queensland%20)
Summary Information:
Sandy on behalf of the Yugara People v State of Queensland (No 3) [2015] FCA 210

Between:

DESMOND SANDY, RUTH JAMES and PEARL SANDY ON BEHALF OF THE YUGARA/YUGARAPUL PEOPLE; CONNIE ISAACS and MAROOCHY BARAMBAH ON BEHALF OF THE TURRBAL PEOPLE (applicant);

and

BRISBANE CITY COUNCIL, MORETON BAY REGIONAL COUNCIL, REDLAND CITY COUNCIL, TELSTRA CORPORATION, GARRY MURPHY, BRISBANE PORT HOLDINGS PTY LTD, EDDIE RUSKA, LOGAN CITY COUNCIL, COMMONWEALTH OF AUSTRALIA, THE SHELL COMPANY OF AUSTRALIA LTD (ACN 004 610 459), INCITEC FERTILIZERS LTD, MOONIE PIPELINE COMPANY PTY LTD, CENTOR AUSTRALIA PTY LTD and QUEENSLAND SOUTH NATIVE TITLE SERVICES (respondents).

Judge: Jessup J

Where made: Brisbane

Determination:

Native title does not exist in relation to any part of the land or waters in the determination area.
Detailed Information:
Background

The proceedings involved an application made by the Turrbal People in 1998 and a later overlapping application made by the Yugara People in 2011. The two applications were consolidated in 2013.

Details of Judgement

This decision gave effect to orders Jessup J made on 27 January 2015, in Sandy on behalf of the Yugara People v State of Queensland [2015] FCA 15. In that case, Jessup J found that the Yugara/Yugarapul and the Turrbal people did not have native title in the Brisbane metropolitan and surrounding areas.

Justice Jessup rejected the Applicants' claims on the basis the Applicants were unable to prove a continued and substantially uninterrupted normative system under which traditional laws and customs were acknowledged and observed. His Honour held that the Applicants do not possess the necessary communal, group or individual rights and interests required to prove native title in the claim area.

Related Entries

Organisation
  • State of Queensland - Respondent
  • Brisbane City Council - Respondent
  • Moreton Bay Regional Council - Respondent
  • Redland City Council - Respondent
  • Telstra Corporation Limited - Respondent
  • Commonwealth of Australia - Respondent
  • The Shell Company of Australia Ltd - Respondent
  • Queensland South Native Title Services Limited - Respondent
  • Brisbane Port Holdings Pty Ltd - Respondent
  • Logan City Council - Respondent
  • Incitec Pivot Ltd - Respondent
  • Moonie Pipeline Company Pty Ltd - Respondent
  • Santos Ltd
  • Centor Australia Pty Ltd - Respondent
  • People
  • Connie Isaacs and anor on behalf of the Turrbal People - Native Title Applicants
  • Desmond Sandy and others on behalf of the Yugara/Yugarapul People - Native Title Applicants

  • Documents

    Map
    Sandy on behalf of the Yugara People v State of Queensland (No 3) [2015] FCA 210 - Schedule Part B Map of Determination Area - ( PDF)
    Sandy on behalf of the Yugara People v State of Queensland (No 3) [2015] FCA 210 - Consent Determination Extract - ( PDF | PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Consent Determination (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | Native Title Applicants | National Native Title Tribunal (NNTT) (Australia) | Native Title Registers | Legislation | Native Title Applications/Claims (Australia) | Native Title Claimants (unregistered) (Australia) | Native Title Determination (Australia) | Native Title Holders (Native Title Act 1993 (Cth)) (Australia) | Native Title Claimants (registered) (Australia)

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