Woosup on behalf of the Ankamuthi People #1 v State of Queensland [2017] FCA 831

Cape York, Far North Queensland
http://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FCA/2017/831.html

Registered on the National Native Title Register.

Woosup on behalf of the Ankamuthi People #1 v State of Queensland [2017] FCA 831

Between: Charles Woosup & others on behalf of the Ankamuthi People (APPLICANTS) and State of Queensland & others (RESPONDENTS)

Judge: Greenwood J

Determination:

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

Native title is held by the Ankamuthi People.

The exclusive native title rights that exist within the part of the determination area (described in Part 1 of Schedule 1) are:

• other than in relation to water, the rights to possession, occupation, use and enjoyment of the area to the exclusion of all others;
• in relation to water, the non-exclusive rights to: hunt, fish and gather from the water of the area; take and use the Natural Resources of the water in the area; and take and use the water of the area;
• cultural, personal, domestic and communal purposes.

The non-exclusive native title rights that exist within the parts of the determination area (described in Part 2 of Schedule 1) are to:

• be present, and access;
• hunt, fish and gather;
• take, use, share and exchange natural resources;
• take and use the water from the area for cultural, personal, domestic and communal purposes;
• live and camp on the area and to erect shelters;
• conduct ceremonies on the area;
• be buried and to bury native title holders;
• maintain places of importance and areas of significance and to protect them from harm;
• teach physical and spiritual attributes of the area and hold meetings there;
• light fires for cultural, spiritual or domestic purposes including cooking (but not to hunt or clear vegetation); and
• be accompanied by people who are spouses or partners of native title holders and their immediate family, or people that the native title holders require under traditional law and custom for ceremonies or cultural activities.

There are no native title rights in relation to minerals and petroleum.

Non-native title rights that exist within the determination areas (see Schedule 4) are those:

• granted under the Deed of Grant Title Reference 50914995;
• created under the Ergon Energy and Ankamuthi People Indigenous Land Use Agreement (ILUA), and the Western Cape Communities Co-existence Agreement (WCCCA) ILUA.
• of Cook Shire Council for infrastructure, roads, pipelines, drainage etc.
• of RTA Weipa Pty Ltd and Rio Tinto Aluminium Limited under the Comalco Agreement, and of Alcan South Pacific Pty Ltd under the Alcan Agreement.
• by the authority of the State of Queensland; and
  
• of the public under laws of the state and commonwealth, including rights to fish and navigate within the area.

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

The Seven Rivers Aboriginal Corporation Registered Native title Body Corporate (RNTBC) (Indigenous Corporation Number (ICN): 8522) holds the Ankamuthi People's native title in trust.

Background:

This determination is related to two prior native title determinations: Coconut on behalf of the Northern Cape York Group #2 v State of Queensland [2014] FCA 629 (QUD 156/2011) and Woosup on behalf of the Northern Cape York Group v State of Queensland [2014] FCA 1148 (QUD157/2011). They form part of the areas within and surrounding the current determination area.

This determination was made on the same day that the court determined Woosup on behalf of the Ankamuthi People #2 v State of Queensland [2017] FCA 832 (QUD392/2014) and Anderson on behalf of the Northern Cape York #3 Native Title Claim Group v State of Queensland [2017] FCA 830 (QUD780/2016). These determinations are all related in the sense that Greenwood J noted that they all recognize native title being held by persons comprising or belonging to the Northern Cape York Peninsula Regional Society.

Details of Judgment:

The parties reached agreement to recognize the Ankamuthi People's native title rights and interests within the determination area. They agreed that the determination would not take effect until the date of the registration of the Ergon Energy and Ankamuthi People Indigenous Land Use Agreement. This registration occurred on 3 November 2017.

Greenwood J was satisfied, on 26 July 2017, that it was within the power of the court to make this determination.

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