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Archer on behalf of the Djungan People #3 v State of Queensland [2012] FCA 801
Binomial Name:	Federal Court of Australia
Sub Category:	Consent Determination (Native Title Act)
Place:	Mareeba
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State/Country:	Queensland , Australia
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	An area of about 1,490 square kilometres about 60 kilometres north-west of Mareeba in Queensland
Legal Status:	Registered on the National Native Title Tribunal Register of Native Title Determinations
Legal Reference:	Tribunal file no.: QC97/6 Federal Court no.: QUD6116/1998
Alternative Names:	Djungan People # 3
Subject Matter:	Native Title \| Recognition of Native Title or Traditional Ownership
URL:	http://www.austlii.edu.au/au/cases/cth/FCA/2012/792.html
Summary Information:
Between: James Archer, George Alexander Archer, Lola Brown, Saul Burns Snr, Ernie Burns, Andrew Garrett, Kenneth Jackson, Alfred Neal Snr, Percy Neal, Walter Richards Snr, Maxwell Underwood and Vincent Wason on behalf of the Djungan People #3 (APPLICANTS) and State of Queensland, Tablelands Regional Council and Kuku Djungan Aboriginal Corporation (RESPONDENTS) Judge: Logan J Where made: Dimbulah Determination: Native title is held by the Djungan People: Native title exists over all of the determination area. It consists of exclusive native title rights to land. The exclusive native title rights and interests that exist over land in the determination area include: - the rights to possession, occupation, use and enjoyment of the area to the exclusion of all others. In relation to water in the exclusive native title area, the following non-exclusive rights apply: - the right to hunt, fish and gather from the water; - the right to take and use the natural resources of the water; and - the right to take and use the water for personal, domestic and non-commercial communal purposes. Non-native title rights and interests that exist within the determination area can be summarised as - the rights and interests of the parties under the agreement between the Applicant, the Nguddaboolgan Native Title Aboriginal Corporation ICN 7727 and the Tablelands Regional Council (the Djungan People/Tablelands Regional Council Agreement) and the agreement between the Applicant, the Nguddaboolgan Native Title Aboriginal Corporation ICN 7727 and the Kuku Djungan Aboriginal Corporation (the Kondaparinga Station Body Corporate Agreement); - the rights and interests of the Tablelands Regional Council under the Local Government Act 2009 (Qld) as owner and operator of infrastructure, facilities and other improvements which are in the Determination Area and to enter and exercise rights within the Determination Area; - the rights and interests of the holders of any leases, claims, licences, reservations, permits, easements or authorities granted under the Land Act 1994 (Qld), the Mineral Resources Act 1989 (Qld), the Forestry Act 1959 (Qld), the Water Act 2000 (Qld); - any other current rights and interests held by the State of Queensland or Commonwealth, or by anyone under the laws of the State and the Commonwealth. Provisions Relevant to the Native Title Rights Native title does not exist over - minerals or petroleum as defined in the Mineral Resources Act 1989 (Qld) and the Petroleum Act 1923 (Qld) and the Petroleum and Gas (Production and Safety) Act 2004 (Qld). The Nguddaboolgan Native Title Aboriginal Corporation is to be the prescribed body corporate for the purposes of the Native Title Act 1993 (Cth).
Detailed Information:
Background This application was heard together with Djungan People #1, #2 and #4 due to their geographical proximity. The applicants sought a determination of native title on behalf of the Djungan People over various lands with and proximate to the townships of Dimbulah, Kingsborough, Thornborough and Mount Mulligan in Far North Queensland. The Federal Court awarded the Djungan People exclusive rights to possession, occupation, use and enjoyment over approximately 149,915 ha of land within the Determination area. Non-exclusive native title was awarded over a further 33,058 ha within the Determination Area (Queensland Government, 2012). The North Queensland Land Council (NQLC) says it has taken 14 years to reach the native title consent determination. Martin Dore of the NQLC states that the recognition of native title is extremely important for the Djungan people. Minister Cripps stated that "preserving indigenous culture and identity through native title determinations is integral to achieving more economic benefits and independence for traditional owners on their land" (Queensland Government, 2012). Details of Judgement The parties to the determination reached an agreement as to the terms of a determination of native title to be made in relation to the Determination Area. The signed agreement was then filed in the Federal Court pursuant to s 87 of the Native Title Act 1993 (Cth). The court was satisfied that a determination of native title was within the power of the court.