Note: This determination was handed down by the Federal Court on 14/12/2011 and was conditional on the registration of 2 ILUAs on the Register of Indigenous Land Use Agreements. The ILUAs have been registered and the determination came into effect on 16/03/2012 (National Native Title Tribunal, Native title determination summary - Muluridji People).
The determination of Baker on behalf of the Muluridji People v State of Queensland [2011] FCA 1432 includes the determinations of the Muluridji People (QUD 6208 of 1998) and the Muluridji People #2 (QUD 6035 of 2001).
QUD 6208 of 1998
Between:
Clancy Baker, Ian Connolly and Keith Mathieson Jnr on behalf of the Muluridji People (APPLICANTS) and
State of Queensland (FIRST RESPONDENT)
Tablelands Regional Council (SECOND RESPONDENT)
Wildlife Conservancy of Tropical Queensland Ltd (THIRD RESPONDENT)
Ergon Energy Corporation Ltd (FOURTH RESPONDENT)
David Thomas McGrath (FIFTH RESPONDENT)
Evan David McGrath (SIXTH RESPONDENT) and
Eve-Lyn Grace McGrath (SEVENTH RESPONDENT)
Judge: Logan J
Where made: Mareeba
Determination:
Native title exists in the determination area. It consists of exclusive and non-exclusive native title rights.
Native title is held by the Muluridji People
The exclusive native title rights over part of the determination area consist of the rights to possession, occupation, use and enjoyment of the area to the exclusion of all others. Rights in relation to water in the exclusive native title area are non-exclusive and consist of the non-exclusive rights to:
- hunt, fish and gather; and
- take and use the water of the area for personal, domestic and non-commercial communal purposes.
In relation to the non-exclusive native title rights over part of the on-shore determination area, the rights and interests that exist include:
- the right of access;
- the right to camp and erect temporary shelters;
- the right to hunt, fish and gather on the land and waters of the area for personal, domestic, and non-commercial communal purposes;
- the right to take and use natural resources of the area for personal, domestic and non-commercial communal purposes;
- the right to conduct ceremonies on the area;
- the right to maintain places of importance and areas of significance under traditional laws and customs and protect those places and areas from physical harm;
- the right to teach on the area the physical and spiritual attributes of the area ; and
- the right to light fires on the area for domestic purposes.
Non-native title rights and interests that exist within the determination area
- The rights and interests of the parties under the following indigenous land use agreements (ILUAs): Muluridji Protected Areas ILUA; Tablelands Regional Council ILUA; and the Ergon Energy ILUA.
- The rights and interests of the Tablelands Regional Council under their local government jurisdiction and as as owner and operator of infrastructure, facilities and other improvements within the determination area and their rights to enter and exercise rights within the Determination Area in accordance with the Local Government Act 2009 (Qld).
- the rights and interests of the Wildlife Conservancy of Tropical Queensland Limited and the Tablelands Regional Council as trustees of a Reserve for Natural Resource Management Purposes over Lot 142 on CP903068.
- the rights and interests of the Wildlife Conservancy of Tropical Queensland Limited as the lessee over part of Lot 142 on CP903068.
- the rights and interests of the Tablelands Regional Council, the Wildlife Conservancy of Tropical Queensland Ltd and the State of Queensland in relation to the determination area as parties to the Mareeba Tropical Savanna and Wetland Reserve Nature Refuge Conservation Agreement dated 11 June 2009.
- The rights and interests of the Muluridji People and the Wildlife Conservancy of Tropical Queensland Ltd as parties to the Use and Access Agreement dated 29 November 2011 over Lot 6 on SP189942.
- The rights and interests of Ergon Energy Corporation Limited as as owner and operator of any works as defined under the Electricity Act 1994 (Qld) within the determination area; as a distribution entity and the holder of a distribution authority under the Electricity Act 1994 (Qld); and rights and interests created under the Electricity Act 1994 (Qld) and the Government Owned Corporations Act 1993 (Qld).
- The rights and interests of David Thomas McGrath, Evan David McGrath and Eve-Lyn Grace McGrath as holder of a permit to occupy part of the determination area for grazing purposes;
- The rights and interests of the holders of any current licences, permits or allocations issued under the Water Act 2000 (Qld);
- The rights and interests of the State of Queensland pursuant to the Nature Conservation Act 1992 (Qld) and subordinate legislation relating to the use and management of part of the determination area;
- The rights and interests of the holders of any current leases, agreements, licenses, permits or authorities granted under the Nature Conservation Act 1992 (Qld), the Mineral Resources Act 1989 (Qld) and the Land Act 1994 (Qld); and
- Any other current rights and interests held by the State of Queensland or Commonwealth.
In the case of conflict, the exercise of non-native title rights and interests will prevail over the non-exclusive native title but the native title rights will continiue to exist in their entirety.
Provisions Relevant to the Native Title Rights
Muluridji Tribal Aboriginal Corporation, as the prescribed body corporate, is to perform functions required under the Native Title Act 1993 (Cth) and to act as agent for the native title holders. The native title is not held in trust.
QUD 6035 of 2001
Between:
Clem Riley and Mervyn Riley on behald of the Muluridji People # 2 (APPLICANTS)
State of Queensland (FIRST RESPONDENT)
Tablelands Regional Council (SECOND RESPONDENT)
Ergon Energy Corporation Ltd (THIRD RESPONDENT)
Judge: Logan J
Where made: Mareeba
Determination:
Native title exists in the determination area. It consists of non-exclusive native title rights
Native title is held by the Muluridji People.
In relation to the non-exclusive native title rights over part of the on-shore determination area, the rights and interests that exist include:
- the right of access;
- the right to camp and erect temporary shelters;
- the right to hunt, fish and gather on the land and waters of the area for personal, domestic, and non-commercial communal purposes;
- the right to take and use natural resources of the area for personal, domestic and non-commercial communal purposes;
- the right to conduct ceremonies on the area;
- the right to maintain places of importance and areas of significance under traditional laws and customs and protect those places and areas from physical harm;
- the right to teach on the area the physical and spiritual attributes of the area ; and
- the right to light fires on the area for domestic purposes.
Non-native title rights and interests that exist within the determination area
- The rights and interests of the parties under the following indigenous land use agreements (ILUAs):Tablelands Regional Council ILUA; and the Ergon Energy ILUA.
- The rights and interests of the Tablelands Regional Council under their local government jurisdiction and as as owner and operator of infrastructure, facilities and other improvements within the determination area and their rights to enter and exercise rights within the Determination Area in accordance with the Local Government Act 2009 (Qld).
- The rights and interests of Ergon Energy Corporation Limited as as owner and operator of any works as defined under the Electricity Act 1994 (Qld) within the determination area; as a distribution entity and the holder of a distribution authority under the Electricity Act 1994 (Qld); and rights and interests created under the Electricity Act 1994 (Qld) and the Government Owned Corporations Act 1993 (Qld);
- The rights and interests of the holders of any current licences, permits, allocations, reservations, permits, easements or authorities issued under the Water Act 2000 (Qld) or the Land Act 1994 (Qld); and
- Any other current rights and interests held by the State of Queensland or Commonwealth.
In the case of conflict, the exercise of non-native title rights and interests will prevail over the non-exclusive native title.
Provisions Relevant to the Native Title Rights
Muluridji Tribal Aboriginal Corporation Aboriginal Corporation, as the prescribed body corporate, is to perform functions required under the Native Title Act 1993 (Cth) and to act as agent for the native title holders. The native title is not held in trust.
| 
Print this page