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Anderson on behalf of the Mardigan People v State of Queensland [2019] FCA 2140

Category: Agreement
Binomial Name: Federal Court of Australia
Date: 18 December 2019
Sub Category:Consent Determination (Native Title Act)
Place:Southern and Western region
State/Country:Queensland , Australia
The determination area covers approx. 15,403 sq km of land and waters in south-western Queensland, including the towns of Quilpie, Cheepie and Toompine. See the documents attached below for a detailed description and map of the area.
Legal Reference: FCA no.: QUD7/2019 NNTT no.: QCD2019/009
Subject Matter:Native Title - Extinguishment | Recognition of Native Title or Traditional Ownership
URL: http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FCA/2019/2140.html?context=1;query=mardigan;mask_path=au/cases/cth/FCA
Summary Information:

Anderson on behalf of the Mardigan People v State of Queensland [2019] FCA 2140

Between

Dorothy (Cindy) Anderson, Daphne Jackson and Brian Shillingsworth on behalf of the Mardigan People (Applicants)
and the State of Queensland, the Paroo Shire Council, Quilpie Shire Council, Ergon Energy Corporation Limited, Telstra Corporation Limited, Adrian William Rach, Leif Due, Margaret Anne Due, Thora Merle Gregory, Pamela Mary Lyons, Kathryn Louise Patrick, Robert William Patrick, Alan Carl Pulsford, Therese Matha Pulsford, Scott Leslie Travers, Diana Eleanor Watts, Duncan Colin Watts (Respondents).

Judge: Reeves J

Where made: Queensland

Determination: Native title does not exist in the determination area.

Detailed Information:

Background

This claim was first filed on 17 January 2007, and has been listed for determination on three separate occasions. Then, when the first set of orders was set aside, two competing anthropological experts were employed in the hope of resolving evidentiary issues within the initial application [5].

When this proved unsuccessful, the Mardigan People and the State entered into negotiations to arrange an alternative arrangement. This resulted in agreement on the terms of a negative determination of native title and the Mardigan Indigenous Land Use Agreement [10]. The registration of the ILUA brings into effect the Mardigan People's surrender of any native title over the determination area, and in return transfers to the Mardigan People certain freehold Aboriginal Land Act lots as well as providing them with the trusteeship of a newly dedicated Reserve for Aboriginal and cultural purposes.

Judgment Details

In December 2017, the Mardigan People and the State were able to inform the Court of their agreed terms for a negative determination of native title. Justice Reeves was satisfied that the requirements of s 87 of the Native Title Act 1993 (Cth) had been met and made the determination that native title does not exist in the whole of the determination area.  

Outcomes:
Native title does not exist in the whole of the determination Area

Related Entries

Agreement
  • Mardigan People Claim Resolution Indigenous Land Use Agreement (ILUA)
  • Organisation
  • State of Queensland - Respondent
  • Paroo Shire Council - Respondent
  • Quilpie Shire Council - Respondent
  • Ergon Energy Corporation Limited - Respondent
  • Telstra Corporation Limited - Respondent
  • People
  • Mardigan People - Native Title Claimant
  • Adrian William Rach and others - Respondent

  • Documents

    Document
    National Native Title Tribunal Extract from the National Native Title Register for QCD2019/009 (Anderson on behalf of the Mardigan People v State of Queensland - ( PDF | PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Alternative Procedure Agreement (Australia) | Applicant | Consent Determination (Native Title Act 1993 (Cth)) (Australia) | Land Use Agreement (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Respondent | National Native Title Tribunal (NNTT) (Australia) | Native Title Applicants | Native Title (Australia)

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