Anderson on behalf of Quandamooka People (Mulgumpin/Moreton Island Claim) v State of Queensland (No.2) [2019] FCA 2001

Moreton Island

The determination area is Moreton Island and its surrounding waters. For a detailed description of the area and maps see Schedules two and three of the determination respectively, attached below under documents. The area is within the jurisdiction of the Brisbane City Council.

Registered on the Native Title Register 27/11/2019

Between: Robert Anderson and Evelyn Parkin on behalf of the Quandamooka people (Mulgumpin/Moreton Island Claim) (Applicant) and State of Queensland, Commonwealth of Australia, Brisbane City Council and others (Respondents)

Judge: Rangiah J

Determination

Native title exists in parts of the determination area

It consists of exclusive and non-exclusive native title rights and interests. 

Native title holders

Native title is held by the Quandamooka People

Exclusive native title rights and interests exist over parts of the determination area

This is the right to possession, occupation, use, and enjoyment of the area, described in the extract, to the exclusion of all others, except in relation to water.

The area where exclusive native title exists is described in Part 1 of Schedule 2.

Non-exclusive native title rights and interests exist over part of the determination area 

These rights and interests exist over the area described in Part 2 of Schedule 2 and include:

• live and be present on the area;
• take, use, share and exchange Traditional Natural Resources for personal, domestic and non-commercial communal purposes;
• conduct burial rites;
• conduct ceremonies;
• teach on the area;
• maintain places of importance; and
• light fires for domestic purposes including cooking, but not for the purpose of hunting or clearing vegetation.

The nature and extent of the native title rights and interests in relation to Water are the non-exclusive rights to:

• take and use traditional natural resources from the water for personal, domestic and non-commercial communal purposes; and
• take and use the Water for personal, domestic and non-commercial communal purposes.

Other rights and interests in the determination area include:

• the rights and interests of the parties under the Quandamooka Tenure Resolution Indigenous Land Use Agreement (ILUA);
• the rights and interests of the parties under the Tangalooma Indigenous Land Use Agreement
• the rights and interests of Telstra Corporation Limited;
• the rights and interests of Brisbane City Council;
• the rights and interests of Tangalooma Island Resort Pty Ltd;
• the rights and interests of Kooringal Aquacultural Company Pty Ltd;
• the rights and interests of the Commonwealth of Australia and the State of Queensland;
• the rights and interests of the Australian Maritime Safety Authority; and
• the rights and interests of members of the public arising under the common law.

In the case of conflict, the exercise of the non-native title rights and interests will prevail over the native title rights and interests.

See Schedule 5 for further information about the non-native title rights and interests.

The Quandamooka Yoolooburrabee Aboriginal Corporation (RNTBC) is the prescribed body corporate. It performs the functions required under the Native Title Act 1993 (Cth) and acts as agent for the Quandamooka People.

Full text of the determination is available via the URL link above.

Background

The application for this determination was filed on 18 November 2014.

The Quandamooka Peoples' native title over neighbouring North Stradbroke Island had previously been determined in Delaney on behalf of the Quandamooka People v State of Queensland [2011] FCA 471.

Details of Judgment

Justice Rangiah held that s 87 of the Native Title Act 1993 (Cth) had been satisfied and that it was appropriate to recognise the Quandamooka Peoples' native title over Moreton Island in the terms agreed to by the parties [24]-[26].

Native title exists in parts of the determination area

Related Entries

Documents