Muriata on behalf of the Girramay People #2 v State of Queensland [2018] FCA 1120

Far North

Registered on the National Native Title Tribunal Register of Native Title Determinations and Applications

Muriata on behalf of the Girramay People #2 v State of Queensland [2018] FCA 1120

Between: Abraham Muriata and Claude Frank Beeron on behalf of the Girramay People #2 (Applicant) and State of Queensland, Cassowary Coast Regional Council, Tablelands Regional Council, Aurizon Property Pty Ltd, Ergon Energy Corporation Limited, Telstra Corporation Limited and James Cook University (Respondents).

Judge: Rangiah J

Where made: North Queensland.

Determination:

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

Native title is held by the Girramay People.

The exclusive native title rights exist within part of the determination area, namely:

In relation to the land (not water): the rights to possession, occupation, use and enjoyment of the area to the exclusion of all others.

The non-exclusive native title rights and interests include:

In relation to water:

• hunt, fish and gather
• take and use the Natural Resources of the water
• take and use the water of the area

In relation to land and waters:

• access, be present on, move about on and travel over the area
• camp and live temporarily over the area
• hunt, fish and gather
• take, use share and exchange Natural Resources
• conduct ceremonies
• be buried and bury native title holders
• maintain and protect places of importance and areas of significance to the Girramay People
• teach
• hold meetings
• light fires for domestic purposes (e.g. cooking) but not for hunting or clearing vegetation

These are non-exclusive rights, they do not confer possession, occupation and enjoyment to the exclusion of all others.

These non-exclusive rights do not create any rights in relation to:

• minerals as defined by the Mineral Resources Act 1989 (Qld)
• petroleum and gas as defined by the Petroleum Act 1923 (Qld) and the Petroleum and Gas (Production and Safety) Act 2004 (Qld).

Non-native title rights that exist within the determination area:

The nature and extent of non-native title rights and interests are described in Schedule 4 of the determination. These interests are:

The rights and interests under the following agreements:

• Girramay Cassowary Coast Regional Council Area Indigenous Land Use Agreement (ILUA) (Q12009/064)
• Ergon Energy and Girramay ILUA (Q12009/065)
• Abraham Muriata on his own behalf and on behalf of the Girramay People, Girramay People Aboriginal Corporation, Cassowary Coast Regional Council and State of Queensland (Q12009/067)
• Girramay Tenure Resolution ILUA
• Tablelands Regional Council Girramay People #2 ILUA
• Girramay People #2 and Cassowary Coast Regional Council ILUA

The rights and interests of:

• Telstra Corporation Limited ACN 051 775 556
• Ergon Energy Corporation Limited ACN 087 646 062
• The State of Queensland in Reserves
• Tablelands Regional Council and the Cassowary Coast Regional Council
• James Cook University
• members of the public arising under common law

In the case of conflict, the exercise of non-native title rights and interests will prevail over the non-exclusive native title rights but not extinguish them.

The Girramay People Aboriginal Corporation, as the prescribed body corporate, is to perform the functions required under the Native Title Act 1993 (Cth) and holds the Girramay Peoples' native title in trust.

Background:

On 10 December 2009, Dowsett J made a consent determination in favour of the Girramay People in respect of 4,795 km2 of land and waters adjacent to the claim area of this consent determination - Girramay People v State of Queensland [2009] FCA 1450.

The application for this consent determination (Girramay #2) was filed on 21 August 2015.

Details of Judgment:

The parties reached agreement to recognise the Girramay People's native title rights and interests over the determination area. The signed agreement was then filed in the Federal Court pursuant to s 87 of the Native Title Act 1993 (Cth) and the court was satisfied that a determination of native title was within its power.

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