Saltmere on behalf of the Indjalandji-Dhidhanu People v State of Queensland [2012] FCA 1443

Registered on the National Native Title Register

Saltmere on behalf of the Indjalandji-Dhidhanu People v State of Queensland [2012] FCA 1423.

Between: Colin Saltmere and Hazel Windsor on behalf of the Indjalandji-Dhidhanu People (APPLICANTS) v State of Queensland, Mount Isa City Council, Ergon Energy Corporation Limited, Noranda Pacific Pty Ltd, Bezuma Pastoral Co Pty Ltd, Gambamora Industries Pty Ltd, Alfred Arthur Lanskey, James Lyne Lord, Marjorie Annette Lord, Lindsay Wray Miller, David Alfred Spreadborough, Mabel Josephine Spreadborough, Venlock Pty Ltd and Waxahachie Pty Ltd (RESPONDENTS)

Judge: Dowsett J

Where made: Camooweal

Determination:

Native title exists in part of the determination area. It consists of non-exclusive native title rights.

Native title is held by the Indjalandji-Dhidhanu People.

Non-exclusive native title rights and interests that exist in the determination area include:

• the right to access, be present on, move about and travel over the area;
• the right to camp and live temporarily on the area for camping and build temporary shelters for that purpose;
• 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 from the land and waters of the area for personal, domestic and non commercial use;
• the right to take and use Water of the area for personal, domestic and non-commercial communal purposes;
• the right to conduct ceremonies on the Determination Area;
• the right to be buried and bury native title holders within 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;
• the right to be accompanied onto the Determination Area by the Bularnu Waluwarra Wangkayujuru law men who are people required by traditional law and custom for the performance of ceremonies related to the bushfire dreaming story on the Determination area.

The rights and interests are subject to and must be exercised in accordance with the laws of the state of Queensland and the Commonwealth, the traditional laws acknowledged and traditional customs observed by the native title holders and the other interests in the determination area. (See schedule 4)

Non-native title rights and interests that exist within the determination area include the rights and interests of the parties to the following Indigenous Land Use Agreements ('ILUAs'):

1. the Camooweal Caves National Park Protected Area ILUA (QI2012/127);
2. the Kalkadoon and Indjalandji/Dithannoi Peoples Backlog Exploration Permit Project ILUA (QI2003/029);
3. the Dugalunji Camp ILUA (QI2011/002);
4. the Indjalandji-Dhidhanu People and Local Government ILUA (QI2012/096);
5. the Indjalandji-Dhidhanu People and Rocklands/Morstone ILUA (QI2012/098);
   
6. the Indjalandji-Dhidhanu People and Barr Creek ILUA (QI2012/019);
   
7. the Indjalandji-Dhidhanu People and Undilla ILUA (QI2012/111);
   
8. the Indjalandji-Dhidhanu People and Meltham ILUA (QI2012/113);
   
9. the Indjalandji-Dhidhanu People and Bluebush ILUA (QI2012/115);
   
10. the Indjalandji-Dhidhanu People and Ergon Energy ILUA (QI2012/121);
11. the Indjalandji-Dhidhanu People and Koolamara ILUA (QI2012/125);
12. the Indjalandji-Dhidhanu People and Barkly Downs ILUA (QI2012/130);
13. the Indjalandji-Dhidhanu People and Thorntonia ILUA (QI2012/131);
14. the Indjalandji-Dhidhanu People and Ardmore ILUA (QI2012/135).
    

Other existing non-native title rights and interests include the rights and interests:

• created under various pastoral holdings;
• created under term leases 234944, 230432 and 235434;
• of Telstra Corporation Limited;
• of Ergon Energy Corporation;
• of the State of Queensland to access, use, operate, maintain and control the dedicated roads in the Determination Area and rights of the public to use and access the roads;
• of Mount Isa City Council;
• of the State of Queensland in Camooweal Caves National Park pursuant to the Nature Conservation Act 1992 (Qld)

For details of all related Indigenous Land Use Agreements and other non-native title rights and interests see Schedule 4 of the determination attached below.

In the case of conflict, the exercise of non-native title rights and interest will prevail over the non-exclusive native title.

The Indjalandji-Dhidhanu 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.

Background: On 8 October 2009, Hazel Windsor and Colin Saltmere on behalf of the Indjalandji-Dhidhanu People filed an application for a native title determination. The claim was accepted for registration and notified in accordance with the requirements of the Native Title Act 1993 (Cth). The parties agreed upon the terms of the determination within a three year period.

The determination was made on 18 December 2012 but the agreement came into effect on the 9 May 2013, as it was conditional on the registration of 14 related Indigenous Land Use Agreements ('ILUAS'). Those ILUAs are identified in the numbered list above.

Details of judgment: Anthropological reports and the Applicant's submissions greatly assisted the Judge in finding that the claim group comprised Indjalandji- Dhidhanu people who were descended from people who were in occupation of the land and water of the Determination Area at the time British sovereignty was asserted.

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