Vera Florence Ketchell and Ors on their own behalf and on behalf of the Ngadjon-Jii People v State of Queensland  FCA 1937
|Binomial Name: ||Federal Court of Australia|
|Date: ||12 December 2007|
|Sub Category:||Consent Determination (Native Title Act)|
|The Determination Area is contained in Schedule 1 and is as follows:
Part A Exclusive areas- the land and waters being: Lot 31 on AP16251.
Part B Non-exclusive areas- the land and waters being: Lot 130 on NR910, Lot 142 on NR7206, excluding the area of land and waters subject to former Lease of Agricultural Farm 180 which commenced on 1 July 1909 and Lot 301 on NR6075.
Part C Non-exclusive areas- Part of Lot 19 on NPW921 formerly described as Part of Lot 19 on NPW696, excluding the area of land and waters subject to former Lease of Land Selection 323 which commenced on 1 January 1883, and excluding the area of land and waters subject to former Deed of Grant No.18557 for Agricultural Farm 1344 dated 9 June 1960 situated in former portion 116 in Parish of Bellenden Ker in the County of Nares, and excluding the area of land and waters subject to former freehold Lot 3 on RP855879 and Lot 1421 on NPW396, excluding the area of land and waters subject to former Lease for Special Purposes No.5054 which commenced on 1 December 1926, and excluding the area of land and waters subject to former Lease for Special Purposes No.14990 which commenced on 1 December 1946.
|Legal Status: ||Registered on the National Native Title Register (of native title determinations).|
|Legal Reference: ||Federal Court No.: QUD6027/1999; National Native Title Tribunal File No.: QC99/30|
|Alternative Names:||Ngadjon-Jii People|
Ngadjon-Jii People v State of Queensland
|Subject Matter:||Land Use | Native Title|
|Summary Information: |
|Vera Florence Ketchell and others on their own behalf and on behalf of the Ngadjon-Jii People v State of Queensland and others  FCA 1937 |
Between: Vera Florence Ketchell, Ernie Douglas Raymont, Stanley Thomas Morta, Elsie Elizabeth Go Sam, Yvonne Shirley Canendo, Ena Eileen Gertz, Grace Kidner, Margaret Patricia Raymont and Ila Elizabeth Kidner on their own behalf and on behalf of the Ngadjon-Jii People (APPLICANTS)
State of Queensland, Cairns City Council, Eacham Shire Council, Ergon Energy Corporation Limited (RESPONDENTS).
Judge: Spencer J
Where Made: Malanda
Determination: Native title exists in relation to the land and waters in the determination area. Native title holders are to enjoy exclusive and non-exclusive rights over the determination area.
|Detailed Information: |
The area covered by the determination area is approximately 13,287 hectares of land and waters in far north Queensland within reserves, environmental parks and national parks around Atherton, Mareeba and Cairns (at 2, see also ‘Location’). Native title was found to exist in relation to the land and waters described in Schedule 1. Spencer J, with reference to an anthropological report, concluded that ‘the Ngadjon-Jii People have a long-standing and continuing connection to the determination area under traditional laws acknowledged and traditional laws observed by them’ (at 18).
The parties agree that with regards to the land and waters in Part A of Schedule 1, native title holders are to enjoy exclusive possession in accordance with traditional laws and customs (at 3.1). In addition, native title holders are to enjoy non-exclusive rights, in accordance with traditional laws and customs, over the land and waters in Parts B and C:
(i) of access to the land;
(ii) to hunt, fish and gather in accordance with traditional laws and customs for non-commercial purposes;
(iii) to take, use and enjoy the natural resources for non-commercial purposes;
(iv) to maintain and protect the land;
(v) to perform social, cultural, religious, spiritual or ceremonial activities;
(vi) to pass on native title rights and interests; and,
(vii) to make decisions in accordance with traditional laws and customs about the use and enjoyment of the land by Aboriginal People who are governed by the same traditional laws and customs (at 3.2).
In addition, the native title holders are conferred a non-exclusive right to camp in the land referred to in Part C of Schedule 1, which excludes the right to permanently reside or build permanent structures (at 3.3).
The determination acknowledges other existing rights and interests in the determination area, affirming that these interests continue to have effect and prevail over native title rights and interests (at 10). Other interest holders include:
the State of Queensland;
licensees and members of the public relating to the use of Wooroonooran National Park, the Topaz Road National Park and the Malanda Conservation Park;
the Wet Tropics Management Authority;
the Cairns City Council;
the Eacham Shire Council;
Ergon Energy Corporation Ltd; and
Telstra Corporation Ltd (at 9).
According to the Koori Mail, Ngadjon-Jii elders described the determination as both a joyful and sad event, in the sense that the claim was conceived in the early 1990s and took many years to negotiate:
'The sad day about it is we lost most of our Elders who walked this country and walked with government agencies and showed them why this land is so sacred to us as well as the next generation.' (The Koori Mail)