Doyle on behalf of the Iman People #2 v State of Queensland [2016] FCA 743.

Registered with the National Native Title Tribunal (NNTT) on the Register of National Native Title on 11 November 2016.

Doyle on behalf of the Iman People #2 v State of Queensland [2016] FCA 743.

Between: Richard Doyle, Patrick Silvester, Kenny Waterton, Eve Fesl, Eddy Waddy, Graham Anderson, Arwa Waterton, Cynthia Kemp, Bradley Curtis, Dena Marie Dodd-Ugle, Heidi Ann-Marie Lawson, Stuart White, Jason Jarro And Bevan Tull on behalf of The Iman People #2 (Applicants) and the State Of Queensland, the Banana Shire Council, the Central Highlands Council and others named in the Schedule (Respondents)

Judge: Reeves J.

Where made: Taroom, Queensland

Determination: Native title is held by the Iman People and exists within the entire determination area.

The Wardingarri Aboriginal Corporation holds the Iman People's native title rights and interests in trust.

Access to the full text of the determination is available via the URL link above.

The Iman People hold native title over the entire determination area of approximately 498,804 hectares. Exclusive native title is held over approximately 475 hectares and non-exclusive native title is held over approximately 498,329 hectares.

The area is located in and around the town of Taroom, in Central South Western Queensland.

Details of Judgment

Reeves J. noted that the Iman People had provided extensive evidence in relation to their connection to each other and of their enduring relationship with the land and waters of the determination area [22] - [29].

Determination:

The Iman People #2's native title is recognised to exist over the whole of the determination area.

Exclusive native title

Exclusive native title rights and interests, other than in relation to water, exist over the areas described in Part 1 of Schedule 1 of the Federal Court of Australia (the FCA) determination.

Non-exclusive native title

Non-exclusive native title exists in relation to the land and waters in the areas described in Part 2 of Schedule 1 of the FCA determination. Those rights and interests include rights to access, camp, use and share or exchange natural resources for non-commercial purposes, conduct ceremonies, light fires, maintain and protect areas of significance.

Non-exclusive native title rights and interests exist in relation to parts of the township of Taroom, as described in Part 3 of Schedule 1 of the FCA determination. Those rights and interests include rights to access, fish and gather on the land and waters, maintain and protect areas of significance.

Non-exclusive native title rights and interests exist in relation to parts of the township of Wandoan, as described in Part 4 of Schedule 1 of the FCA determination. Those rights and interests include rights to access, hunt, fish, gather, use and share natural resources for non-commercial purposes, conduct ceremonies, maintain and protect areas of significance.

Non-native title interests

Non-native title interests within the determination area are listed in Schedule 4 of the FCA determination. Those interests include the interests of parties to the following agreements:

• Santos, Petronas and Iman People #2 GLNG ILUA (QI2010/10);
• Australia Pacific and Iman People ILU (QI2011/025);
• APLNG and Iman People Fairview and Eurombah Creek Projects ILUA (QI2013/032);
• ATP701P CSG ILUA (QI2002/044); - Iman People and LOcal Government ILUA (QI2015/012);
• Iman People #2 Comely and Mapala ILUA;
• Iman People #2 Coorada ILUA; - Iman People #2 Glenleigh ILUA;
• Iman People #2 Korcha ILUA; - Iman People #2 Woodine ILUA;
• Nathan Dam, Glebe Weir Raising and Pipelines Project ILUA;
• Wandoan and Taroom ILUA; and
• Iman People #2 QUD 6162/1998 and Ergon Energy Corporation Limited ACN 087 646 062.

To the extent that any of the non-native title interests contained in Schedule 4 of the FCA determination are inconsistent with the exercise of the native title then the native title has no effect but continues to exist for as long as the other interests exist.

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