Mundraby v State of Queensland  FCA 436 (24 April 2006)
Between: Alfred Switson Mundraby and Vincent Mundraby on their own behalf and on behalf of the Mandingalbay Yidinji People (APPLICANTS) and State of Queensland, Cairns City Council, Cairns Port Authority, Ergon Energy Corporation Limited and Telstra Corporation Limited (RESPONDENTS).
Judge: Dowsett J
Where made: Cairns
Native title was found to exist in the entire determination area.
The area covered by the native title determination comprises six lots of 3,140 hectares, located in the Giangurra Reserve, Trinity Inlet, Redbank Creek, Malbon Thompson State Forest and Greys Peaks National Park. Native title rights were found to be exclusive in two areas of Trinity Inlet and one area in Redbank Creek (Lots 2, 3 & 4 – refer to Schedule 2 Part A). The areas where native title rights were found to be non-exclusive are in Giangurra Reserve, Malbon Thompson State Forest and Greys Peaks National Park (Lots 1, 5 & 6 – refer to Schedule 2 Part B).
The native title rights found to exist in the determination area are both exclusive and non-exclusive.
In relation to the areas of exclusive native title rights, the native title holders have the right to possess, occupy, use and enjoy all land and waters to the exclusion of all others. In relation to the areas where non-exclusive rights exist, the native title holders have the right to be present on, use and enjoy that area, and to inherit and succeed to these native title rights and interests. Their rights also include the right to:
Hunt, fish and gather for personal, domestic and non-commercial communal purposes;
Bury and be buried;
Maintain the springs and wells from which underground water rises naturally, for the sole purpose of ensuring the free flow of water;
Use and take natural resources for personal, domestic or non-commercial communal purposes; and
Maintain and protect places of importance to the Mandingalbay Yidinji People under their traditional laws and customs.
These native title rights are subject to other rights and interests that exist in the area, including those of the State of Queensland, the Wet Tropics Management Authority, Cairns Port Authority, Cairns City Council, Ergon Energy Corporation Limited and Telstra Corporation Limited.
In relation to the water within the determination area, the Mandingalbay Yidinji People have the right to take, use and enjoy the water, as well as hunt, fish and gather in and from the water for personal, domestic or non-commercial communal purposes.
The general public continue to have right of access to the areas found to be the subject of non-exclusive native title rights.
The native title holders are the Mandingalbay Yidinji People (as described in Schedule 3), who are either descendants of Yabalum/Jabulum Mandingalpai (Jimmy) or have been adopted by the Mandingalbay Yidinji People in accordance with traditional law and custom.
The registered native title body corporate in relation to this determination is the Mandingalbay Yidinji Aboriginal Corporation.
|The Mandingalbay Yidingji’s claim was originally lodged in 1999, and its finalisation represents the first recognition of the native title rights of the Mandingalbay Yidinji people. The claim originally had another 139 persons joined as parties, all of whom had withdrawn from the claim by the time of this decision. In addition, three Indigenous Land Use Agreements have been developed in tandem with this claim: with Telstra, Ergon Energy and Cairns City Council. |
Finally, the judgment notes that another group, the Gunggandji people, are claiming areas adjoining the land and waters that are the subject of this claim.