Nona and Manas v State of Queensland  FCA 412
|Binomial Name: ||Federal Court of Australia|
|Date: ||13 April 2006|
|Sub Category:||Consent Determination (Native Title Act)|
|Location:||Torres Strait, Queensland, Australia|
|“(T)he land and waters on the landward side of the High Water Mark of Lot 124 on Crown Plan TS267 known as Matu Island (also referred to as Whale Island), Lot 129 on Crown Plan TS267 known as Zurat Island (also referred to as Phipps Island), Lot 132 on Crown Plan TS267 known as Kulbai Kulbai Island (also referred to as Spencer Island), Lot 53 on Crown Plan TS272 known as Ngurtai Island (also referred to as Quoin Island), Lot 59 on Crown Plan TS272 known as Maitak Island (also referred to as Wilson Island), Lot 64 on Crown Plan TS272 known as Kanig Island (also referred to as Duncan Island), Lot 85 on Crown Plan TS276 known as Ilapnab Island (also referred to as Green Island), Lot 96 on Crown Plan TS276 known as Tukupai Island (also referred to as Clarke Island), Lot 101 on Crown Plan TS276 known as Ngul Island (also referred to as Browne Island), Lot 103 on Crown Plan TS276 known as Tuin Island (also referred to as Barney Island), Lot 106 on Crown Plan TS276 known as Wia Island (also referred to as High Island), Lots 118 and 119 on Crown Plan TS267 known as Logan Rocks, Lots 120-123 on Crown Plans TS267, Lots 125-128 on Crown Plan TS267, Lots 130, 131 & 133 on Crown Plan TS267, Lot 174 on Crown Plan TS267 known as Gainaulai Island, Lot 175 on Crown Plan TS267 known as Tuft Rock, Lot 176 on Crown Plan TS267, Lots 54-56 on Crown Plan TS272, Lot 57 on Crown Plan TS272 known as Meth Islet, Lot 58 on Crown Plan TS272, Lots 60-63 on Crown Plan TS272, Lots 65-80 on Crown Plan TS272, Lots 82-84, 86-89, 97-100, 102, 104, 105 and 107 on Crown Plan TS276, Lot 182 on Crown Plan TS279 known as Dadalai Island (also referred to as Canoe Island) and Lots 183-184 on Crown Plan TS279 and shown on the plans in Schedule 1 ("the Determination Area") as shown on the plan in Sch 1 to this order.” (para 1, Queensland  FCA 412).|
|Legal Status: ||Registered on the National Native Title Register (|
|Legal Reference: ||Federal Court No: QUD6002/2002|
|Alternative Names:||Badu & Moa People #2|
|Summary Information: |
Nona and Manas v State of Queensland  FCA 412
Between: Victor Nona and John Manas on their own behalf and on behalf of the Badualgal and Mualgal People (APPLICANT) and State of Queensland (RESPONDENT).
Judge: Dowsett J
Where made: Brisbane
Determination: Native title was found to exist in the entire determination area.
The area covered by the native title claim includes over 80 uninhabited islands, islets and rocks in far north Queensland’s Torres Strait, in the vicinity of Mua Island.
The native title rights found to exist in the determination area are those of exclusive possession in relation to land; that is, the right to possess, occupy, use and enjoy the land to the exclusion of all others. In relation to the areas of water in the determination area, the native title holders have the right to fish, hunt, gather and take water for the purpose of “satisfying personal, domestic or non-commercial communal needs”. These rights do not include the right to exclude others (para 3, Queensland  FCA 412).
These rights are exercisable in accordance with traditional laws and customs, the laws of the State and Commonwealth and the other interests that exist in the determination area. These other interests are described in Schedule 3, and include the rights of the Torres Shire Council as the local government, the interests of the State of Queensland and the maritime rights of Papua New Guinea.
The native title holders are the Badualgal and Mualgal People (as described in Schedule 2) who are the descendants of one or more of the apical ancestors: Getawan, Sagul, Uria, Baira, Inor, Zimoia, Newar, Sagigi, Jawa, Wairu, Paipe, Waria, Kamui, Mabua, Laza, Gainab, Zaua, Walit, Namagoin, Alageda, Mariget, Bazi, Ugarie, Karud, Dauwadi, Gizu, Aupau, Zarzar, Samukie and Tuku, Babun, Kupad, Goba, Maga, Kanai, Kulka, Anu Namai, Maiamaia, Gai, Nakau, Iaka/Aiaka and Dadu, Waina and Jack Moa and Koia. Also included are those Torres Strait Islanders adopted by the Badualgal and Mualgal People according to traditional law or custom.
The registered native title body corporate in relation to this determination is the Badu Ar Mua Migi Lagal (Torres Strait Islanders) Corporation.
|Detailed Information: |
|This consent determination was made in conjunction with another claim, that of Manas v State of Queensland  FCA 413 (“Mualgal People #2”). These two consent determinations recognise the Badulgal and Mualgal people’s native title over 80 uninhabited islands in the Torres Strait. |
Torres Strait Regional Authority Chairperson Mr Toshie Kris said that the decision allowed for the preservation of “sacred traditions…for future generations to learn and draw inspiration from.” He also acknowledged “the Meriam people whose struggle for Native Title with the historic Mabo Case of 1992 set the precedent for other in our region to follow that path.” The Torres Strait is the subject of 27 consent determinations, over half of the total number for Australia.