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Wuthathi, Kuuku Ya'u and Northern Kaanju People v State of Queensland [2015] FCA 381

Category: Agreement
Date: 28 April 2015
Sub Category:Consent Determination (Native Title Act)
Location:Located in far north eastern Queensland, Queensland, Australia
The determination area is outlined in Schedule 1 of the judgment. The determination area covers approximately 1,640 square kilometres of land and waters formerly the subject of pastoral holdings known as Bromley and Boynton in the north eastern part of Cape York Peninsula.
Legal Status: Registered on the National Native Title Register.
Legal Reference: Tribunal file no.: QCD2015/004; Federal court file no.: QUD6023/2002.
Subject Matter:Native Title
URL: http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FCA/2015/381.html?stem=0&synonyms=0&query=wallis%20on%20behalf%20of
Summary Information:
Wuthathi, Kuuku Ya'u and Northern Kaanju People v State of Queensland [2015] FCA 381

Between:

BESSIE HOBSON, FRANK HOLLINGSWORTH, LLOYD HOLLINGSWORTH, JEAN MOSBY, GEOFFREY PASCOE, VINCENT TEMPLE, PHILLIP WALLIS, DOUGLAS WILSON ON BEHALF OF THE WUTHATHI, KUUKU YA'U AND NORTHERN KAANJU PEOPLE (applicants);

and

STATE OF QUEENSLAND and COOK SHIRE COUNCIL (respondents).

Judge: Greenwood J

Where made: Cairns

Determination:

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

Native title is held by the Wuthathi, Kuuku Ya'u and Northern Kaanju People.

Exclusive native title rights and interests that exist over the determination area, other than water, consist of the rights to:

- possession, occupation, use and enjoyment of the area to the exclusion of all others.

Non-exclusive native title rights and interests that exist over the determination area, in relation to water, consist of the rights to:

- access and be present on and in the Water of the area;
- hunt, fish and gather from the Water of the area; and
- take and use the Water of the area,
for cultural, personal, domestic and communal purposes.

The native title rights and interests are subject to and exercisable in accordance with:

- the Laws of the State and the Commonwealth; and
- the traditional laws acknowledged and traditional customs observed by the native title holders.

There are no native title rights in or in relation to:

- minerals as defined by the Mineral Resources Act 1989 (Qld);
- petroleum as defined by the Petroleum Act 1923 (Qld) and the Petroleum and Gas (Production and Safety) Act 2004 (Qld).

Non-native title rights and interests that exist within the determination area:

1. The rights and interests of the Cook Shire Council including any rights the Council, its employees, agents and contractors have:
(a) under its local government jurisdiction and functions contained in the Local Government Act 2009 (Qld), under the Land Protection (Pest and Stock Route Management) Act 2002 (Qld) and any other legislation, for that part of the determination area within its local government area as defined in the Local Government Act 2009 (Qld); and
(b) To enter land described in para 1(a) in compliance with any legislative requirements regarding notice or otherwise to:
(i) exercise any of the rights and interests referred to in para 1(a);
(ii) inspect, maintain and repair any infrastructure facilities and other improvements; and
(iii) undertake operational activities in its capacity as a local government such as feral animal control, weed control, erosion control, waste management and fire management.

2. Any other rights and interests:
(a) held by the State of Queensland or Commonwealth of Australia; or
(b) existing by reason of the force and operation of the Laws of the State or the Commonwealth.

The relationship between the native title rights and interests and the non-native title rights and interests is that:

- the other interests continue to have effect, and the rights conferred by or held under the other interests may be exercised notwithstanding the existence of the native title rights and interests;
- to the extent the other interests are inconsistent with the continued existence, enjoyment or exercise of the native title rights and interests in relation to the land and waters of the determination area, the native title continues to exist in its entirety but the native title rights and interests have no effect in relation to the other interests to the extent of the inconsistency for so long as the other interests exist; and
- the other interests and any activity that is required or permitted by or under, and done in accordance with, the other interests, or any activity that is associated with or incidental to such an activity, prevail over the native title rights and interests and any exercise of the native title rights and interests.

Provisions relevant to the Native Title rights:

- within 12 months from the date of the determination, or such further time as the Court may allow, a representative of the common law holders must, by written notice to the Federal Court:
(a) indicate whether the native title is to be held in trust; and
(b) nominate a prescribed body corporate in accordance with s 56(2) or s 57(2) of the Native Title Act 1993 (Cth);

- until such time as there is a registered native title body corporate in relation to the determination area, any notices required under the Native Title Act 1993 (Cth) or otherwise to be served on the native title holders or the common law holders may be served upon the Cape York Land Council Aboriginal Corporation (ICN 1163).

Detailed Information:
Background

The native title application was first made on 24 May 2002, and has since been amended to reflect the final decision of the Wuthathi, Kuuku Ya'u and Northern Kaanju People about their claim. It was an application under s 61 of the Native Title Act 1993 (Cth) for the recognition of the Wuthathi, Kuuku Ya'u and Northern Kaanju People as the holders of native title rights and interests over their country.

There were no overlapping or competing native title claims over the claim area or any Indigenous respondents opposing the Wuthathi, Kuuku Ya'u and Northern Kaanju People claim.

The successful native title claim has provided the Wuthathi, Kuuku Ya'u and Northern Kaanju People with formal recognition of approximately 1640 square kilometres of land.

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 Wuthathi, Kuuku Ya'u and Northern Kaanju People in relation to part of the land and waters covered by the Wuthathi, Kuuku Ya'u and Northern Kaanju People claim. The signed document 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
  • Wuthathi People #2 v State of Queensland [2015] FCA 380
  • Organisation
  • State of Queensland - Respondent
  • Cook Shire Council - Respondent
  • People
  • Phillip Wallis and others on behalf of the Wuthathi, Kuuku Ya'u and Northern Kaanju People - Native Title Applicants

  • Documents

    Map
    Wuthathi, Kuuku Ya'u and Northern Kaanju People v State of Queensland [2015] FCA 381 - Schedule 1 Map of Determination Area - ( PDF)
    Wuthathi, Kuuku Ya'u and Northern Kaanju People v State of Queensland [2015] FCA 381 - Consent Determination Extract - ( PDF | PDF)

    Glossary

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

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