Woosup on behalf of the Ankamuthi People #2 v State of Queensland [2017] FCA 832

Registered on the National Native Title Register.

Woosup on behalf of the Ankamuthi People #2 v State of Queensland [2017] FCA 832

Between: Larry Woosup, Beverly Mamoose (Nee Tamwoy), Richard Woosup, Charles Woosup, George Mamoose, Michael Toby, Asai Pablo, Tracey Ludwick, Ella Hart (Deemal), Nelson Stephen, Ben Tamwoy, Catherine Salee, Mark Gebadi (Applicants) and State of Queensland, Alcan South Pacific Pty Ltd, RTA Weipa Pty Ltd (Respondents).

Where made: North Queensland

Judge: Greenwood J.

Determination:

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

The native title holders are the Ankamuthi People.

The non-exclusive native title rights and interests are the rights to:

• hunt, fish and gather from the water of the area;
• take and use the natural resources of the water of the area; and
  
• take and use the water of the area.

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

The native title rights and interests are subject to the laws of the state and the commonwealth, and the traditional laws and customs of the Ankamuthi People.

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 and interests that exist in 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 those:

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

Background:

This and two other determinations Woosup on behalf of the Ankamuthi People #1 v State of Queensland [2017] FCA 831 (QUD6158/1998) and Anderson on behalf of the Northern Cape York Group v State of Queensland [2017] FCA 830 (QUD780/2016) were made on the same day. Greenwood J noted that all three recognise that native title is held by persons either comprising or belonging to the Northern Cape York Peninsula Regional Society.

Details of Judgment:

The reasons for the judgment are the same reasons given in Ankamuthi People #1 v State of Queensland [2017] FCA 831.

The parties reached agreement to recognise the Ankamuthi 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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