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Johnson on behalf of the Tableland Yidinji People 3 v State of Queensland [2013] FCA 280
Binomial Name:	Federal Court of Australia
Date:	26 March 2013
Sub Category:	Consent Determination (Native Title Act)
Place:	Tablelands, Far North Queensland
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State/Country:	Queensland , Australia
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	In the vicinity of the upper Barron River and tributaries and Lake Tinaroo and Tinaroo Falls on the Atherton Tableland in Far North Queensland.
Legal Status:	Registered on the National Native Title Tribunal Register of Native Title Determinations
Legal Reference:	Tribunal file no.: QC2004/010 Federal Court no.: QUD208/2004
Alternative Names:	Tableland Yidinji People No 3
Subject Matter:	Access \| Native Title \| Recognition of Native Title or Traditional Ownership
URL:	http://www.austlii.edu.au/au/cases/cth/FCA/2013/280.html
Summary Information:
Between: Catherine (Nola) Joseph and Evelyn (Dawn) Johnson on Behalf of the Tableland Yidinji People #3 (APPLICANTS) and State Of Queensland, Cairns Regional Council, Tablelands Regional Council, Ergon Energy Corporation Limited, Black & White (Quick Service) Taxis Ltd and Guiseppe Masasso (RESPONDENTS) Judge: Dowsett J Where made: Cairns Determination: Native title exists in part of the determination area. It consists of exclusive and non-exclusive native title rights in relation to land. Native title is held by the Tableland Yidinji People The exclusive native title rights over the determination area other than in relation to water consist of the rights to possession, occupation, use and enjoyment to the exclusion of all others. The non-exclusive rights in relation to water consist of - the right to hunt, fish and gather from the Water of the area; - the right to take and use the Natural Resources of the Water of the area; and - the right to take and use the Water of the area, for personal, domestic and non-commercial communal purposes. The non-exclusive native title rights over the determination area consist of - the right to access, be present on, move about on and travel over the area; - the right to camp, and build 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, use and share Natural Resources from the land and waters of the area for personal, domestic and non-commercial communal purposes; - the right to take and use the water of the area for personal, domestic and non-commercial communal purposes; - the right to light fires on the area for domestic purposes including cooking, but not for the purpose of hunting or clearing vegetation; - the right to conduct ceremonies on the area; - the right to teach on the area the physical and spiritual attributes of the area; - maintain places of importance and areas of significance to the native title holders under their traditional laws and customs and protect those places and areas from physical harm; and - the right to be buried and bury native title holders within the area. The native title determination will take effect upon the following agreements being registered on the Register of Indigenous Land Use Agreements. - the Tableland Yidinji Protected Areas ILUA; - the Cairns Regional Council Tableland Yidinji Indigenous Land Use Agreement; - the Tablelands Regional Council ILUA; and - the ILUA QI2012/066. Other rights and interests that exist in the determination area include: - The rights and interests of the parties under the following indigenous land use agreements: the Tableland Yidinji Protected Areas ILUA; the Cairns Regional Council Tableland Yidinji Indigenous Land Use Agreement; the Tablelands Regional Council ILUA; and the ILUA QI2012/066; - The rights and interests of Telstra Corporation Limited as the owner or operator of telecommunications facilities within the Determination Area, for its employees, agents or contractors to access its telecommunications facilities in and in the vicinity of the Determination Area in performance of their duties, any rights created pursuant to the Post and Telegraph Act 1901 (Cth), the Telecommunications Act 1975 (Cth), the Australian Telecommunications Corporation Act 1989 (Cth), the Telecommunications Act 1991 (Cth) and the Telecommunications Act 1997 (Cth), including rights to inspect land, install and operate existing and new lecommunication facilities, alter, remove, replace, maintain, repair and ensure the proper functioning of its telecommunications facilities and under any licence or access agreement relating to its telecommunications facilities in the Determination Area. - The rights and interests of Ergon Energy Corporation Limited as the owner and operator of any 'Works' as that term is defined in 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 created under the Electricity Act 1994 (Qld) and the Government Owned Corporations Act 1993 (Qld) including rights in relation to any agreement relating to the Determination Area existing or entered into before the date on which these orders are made, rights to enter the Determination Area by its employees, agents or contractors to exercise any of the rights and interests referred to in this paragraph and to inspect, maintain and manage any Works in the Determination Area. - The rights and interests of the State of Queensland, the Cairns Regional Council or the Tablelands Regional Council to access, use, operate, maintain and control the dedicated roads in the Determination Area and the rights and interests of the public to use and access the roads; - The rights and interests of the State of Queensland in Reserves, the rights and interests of the trustees of those Reserves and of the persons entitled to access and use those Reserves for the respective purpose for which they are reserved; - The rights and interests of the Cairns Regional Council and the Tablelands Regional Council under 'Local Government Acts' as defined in the Local Government Act 2009 (Qld) which apply to the Determination Area, including any rights the Cairns Regional Council or its employees or agents have as owner and operator of infrastructure, facilities and other improvements which are in the Determination Area as at the date of this determination and to enter and exercise rights within the Determination Area in accordance with the Local Government Act 2009 (Qld); - The rights and interests of Black & White (Quick Service) Taxis Limited as the owner or operator of telecommunications facilities and other infrastructure within the Determination Area and as the grantee of an authority under s 35 of the Nature Conservation Act 1992 (Qld) relating to the use and management of its telecommunications facilities in the Determination Area; - The rights and interests of Mrs Kay Lorraine Evans, Mr James Bernard Evans and Mr Grahame James Evans, being the holders of an Occupational Licence dated 10 July 1946 bearing title reference 17662139 over Lot 433 on Crown Plan AP3452; and - Any other rights and interests held by the State of Queensland or Commonwealth of Australia or existing by reason of the force and operation of the Laws of the State or the Commonwealth including permits and licences. 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 The Tableland Yidinji Aboriginal Corporation shall change its rules so as to allow any of the native title holders who is of 18 years of age to, but no other persons, to apply for membership within six months. The Tableland Yidinji Aboriginal Corporation is to be the prescribed body corporate and to perform functions required under the Native Title Act 1993 (Cth). The native title is not to be held in trust for the native title holders.
Detailed Information:
Background The Tableland Yidinji People have filed three claims for a determination of native title over land and waters on the Atherton Tableland in North Queensland. The first two were lodged in 1998 and combined in 2000 and the current claim was lodged in 2004. On 14 December 2012, The Tableland Yidinji 1 & 2 claim was determined in the case of Johnson on behalf of the Tableland Yidinji People v State of Queensland [2012] FCA 1417 and the Tableland Yidinji people were awarded non-exclusive native title rights and interests over an area of approximately 151 square kilometres of land in Far North Queensland including Danbulla National Park next to Lake Tinaroo near Atherton. The present claim area adjoins the area covered by the combined application. It is located around Lake Tinaroo and the upper Barron River and its tributaries. The determination recognises exclusive native title rights and interests over 28 hectares of land and non-exclusive native title rights and interests over an area of approximately 6464 hectares of land in Far North Queensland. The determination area includes unallocated State land, State leasehold land, community purpose reserves, national park and forest reserves. In addition to the determination the Tableland Yidinji People have also negotiated a number of Indigenous Land Use Agreements (ILUA) with the State and other respondent parties Yidinyji country stretches from the Cairns and coastal region south of Cairns up through the Goldsborough Valley and Mulgrave River regions to the Atherton Tablelands. Indigenous groups identifying as Yidinyji comprise five separate native title claim groups, each claiming specific right to speak for a portion of country traditionally recognised as being encompassed by the Yidinyji language-culture complex. Details of Judgement Through mediation, agreement has been reached as to the terms of a determination of native title to provide recognition of the native title rights and interests held by the Tableland Yidinji People in relation to part of the land and waters covered by the Tableland Yidinji Application. 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.