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Newie on behalf of the Gebaralgal v State of Queensland [2004] FCA 1577
Binomial Name:	Federal Court of Australia
Date:	13 December 2004
Sub Category:	Consent Determination (Native Title Act)
Place:	Gebara Island, Torres Strait
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State/Country:	Queensland, Australia
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	The determination area comprises the land and waters on the landward side of the High Water Mark of Lot 43 on Plan TS216 referred to as Gebara Island, Gabba Island or Two Brothers Island and shown on the plan in Schedule 1.
Legal Status:	Registered on the National Native Title Register o
Legal Reference:	Federal Court No: QG6066/98; Tribunal File No: QC9
Alternative Names:	Gebara Islanders #1
Subject Matter:	Native Title \| Recognition of Native Title or Traditional Ownership \| Recognition of Traditional Rights and Interests
URL:	http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/cth/federal%5fct/2004/1577.html?query=title+%28+%22newie%22+%29
Summary Information:
Newie on behalf of the Gebaralgal v State of Queensland [2004] FCA 1577 Between: Michealangelo Newie, Sam Kris, John Levi, John Loveman, Dick Peters and Steven Peters on behalf of the Gebaralgal (APPLICANTS) AND State of Queensland (RESPONDENT) Judge: Cooper J Where: Yam Island, Torres Strait, Queensland Determination: Native title exists in the determination area. The determination recognises that the Gebaralgal, as the common law holders of native title, are entitled to possess, occupy, use and enjoy the land and waters in the determination area in accordance with their traditional laws and customs. The area covered by the determination is shown on the plan in Schedule 1. Native title exists in relation to the land and waters on the landward side of the High Water Mark of Lot 43 on Plan TS216 referred to as Gebara Island. Native title is held by the Gebaralgal People as described in Schedule 2. The native title rights and interests identified in paragraph 3, held by the Gebaralgal People over the determination area, confer 'a right to possession, occupation, use and enjoyment of the Determination Area to the exclusion of all others' subject to paragraphs 4 and 5. The native title right in relation to water set out in paragraph 4 is a non-exclusive right to: '(a) hunt and fish in or on, and gather from, the Water for the purpose of satisfying personal, domestic or non-commercial communal needs; and (b) take, use and enjoy the Water for the purposes of satisfying personal, domestic or non-commercial communal needs.' The native title rights identified are subject to and exercisable in accordance with Commonwealth and State laws and the common law, and with traditional laws and customs observed by the Native Title Holders. Other (non-native title) interests recognised in the area are set out in Schedule 3. These include the interests of the Urupun Tubudal Gal Land Trust and the beneficiaries under deed of grant No 40032520; Shire statutory powers; interests recognised under the Treaty between Australia and the Independent State of Papua New Guinea concerning Sovereignty and Maritime Boundaries in the area between the two Countries, including the area known as Torres Strait, and Related Matters, which includes the interests of indigenous Papua New Guinea persons in accessing the Determination Area for traditional purposes; and any other interests held by reason or force of operation of Commonwealth or State laws. The interests set out in Schedule 3 may be exercised notwithstanding the existence of native title. To the extent of any inconsistency between the native title rights and other interests, the other interests prevail over native title. The native title is to be held in trust by the Gebaralgal (Torres Strait Islanders) Corporation for the benefit of the Native Title Holders.
Detailed Information:
The consent determination arises from an application for determination of native title lodged on 18 June 1996. The original named applicants were Michealangelo Newie, Sam Kris, John Levi, John Loveman, Dick Peters and Steven Peters on behalf of the Gebaralgal. The sole respondent is the State of Queensland. The parties mediated the issues which arose from the initial application and the Court granted the orders sought without a full hearing of the determination application.