Print this page | ||
Sandy on behalf of the Yugara People v State of Queensland (No 3) [2015] FCA 210 | ||
Date: | 16 March 2015 | |
Sub Category: | Consent Determination (Native Title Act) | |
Place: | Brisbane | |
Click this link to search this location with google maps | ||
State/Country: | Queensland, Australia | |
Click this link to search this location with google maps | ||
The determination area is outlined in the Schedule of the judgment. It is situated in a large part of the greater Brisbane area, including the Brisbane CBD. | ||
Legal Status: | Registered on the National Native Title Register. | |
Legal Reference: | Tribunal file no.: QCD2015/001; Federal Court file nos.: QUD6196/1998, QUD586/2011. | |
Subject Matter: | Native Title | |
URL: | http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FCA/2015/210.html?stem=0&synonyms=0&query=title(Yugara%20People%20and%20State%20of%20Queensland%20) | |
Summary Information: | ||
Sandy on behalf of the Yugara People v State of Queensland (No 3) [2015] FCA 210 Between: DESMOND SANDY, RUTH JAMES and PEARL SANDY ON BEHALF OF THE YUGARA/YUGARAPUL PEOPLE; CONNIE ISAACS and MAROOCHY BARAMBAH ON BEHALF OF THE TURRBAL PEOPLE (applicant); and BRISBANE CITY COUNCIL, MORETON BAY REGIONAL COUNCIL, REDLAND CITY COUNCIL, TELSTRA CORPORATION, GARRY MURPHY, BRISBANE PORT HOLDINGS PTY LTD, EDDIE RUSKA, LOGAN CITY COUNCIL, COMMONWEALTH OF AUSTRALIA, THE SHELL COMPANY OF AUSTRALIA LTD (ACN 004 610 459), INCITEC FERTILIZERS LTD, MOONIE PIPELINE COMPANY PTY LTD, CENTOR AUSTRALIA PTY LTD and QUEENSLAND SOUTH NATIVE TITLE SERVICES (respondents). Judge: Jessup J Where made: Brisbane Determination: Native title does not exist in relation to any part of the land or waters in the determination area. | ||
Detailed Information: | ||
Background The proceedings involved an application made by the Turrbal People in 1998 and a later overlapping application made by the Yugara People in 2011. The two applications were consolidated in 2013. Details of Judgement This decision gave effect to orders Jessup J made on 27 January 2015, in Sandy on behalf of the Yugara People v State of Queensland [2015] FCA 15. In that case, Jessup J found that the Yugara/Yugarapul and the Turrbal people did not have native title in the Brisbane metropolitan and surrounding areas. Justice Jessup rejected the Applicants' claims on the basis the Applicants were unable to prove a continued and substantially uninterrupted normative system under which traditional laws and customs were acknowledged and observed. His Honour held that the Applicants do not possess the necessary communal, group or individual rights and interests required to prove native title in the claim area. |
| ||||
| ||||
|
Was this useful? Click here to fill in the ATNS survey