Print this page | ||
Congoo on behalf of the Bar Barrum People #10 v State of Queensland [2017] FCA 1511 | ||
Binomial Name: | Federal Court of Australia | |
Date: | 12 December 2017 | |
Sub Category: | Consent Determination (Native Title Act) | |
Place: | Inland north-eastern Queensland | |
Click this link to search this location with google maps | ||
State/Country: | Queensland, Australia | |
Click this link to search this location with google maps | ||
Bar Barrum lands mostly intersect with the Shire of Mareeba, which is in northern Queensland at the base of the Cape York Peninsula. It is inland and west of Cairns. The closest nearby town is Dimbulah. This claim mostly concerns the Walsh River and Emu Creek. For a detailed description of the area and maps see Schedules 1 and 2 of the determination, attached below under documents. The area is within the jurisdiction of the Shire of Mareeba. | ||
Legal Status: | Registered with the National Native Title Tribunal on the Native Title Register 3 January 2018. | |
Legal Reference: | Federal Court file no.: QUD 607/2016; National Native Title Tribunal file no.: QCD2017/009 | |
Alternative Names: | ||
Subject Matter: | Native Title | |
URL: | http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FCA/2017/1511.html?context=1;query=bar%20barrum;mask_path=au/cases/cth/FCA | |
Summary Information: | ||
Between: Michael James Congoo, Shelton Murphy, Andrew Timothy Congoo, Judge: Reeves J Determination Native title exists in the entire determination area It consists of non-exclusive native title rights and interests. Native title holders Native title is held by Bar Barrum traditional owners, who are described in Schedule 3. Non-exclusive native title rights and interests over part of the determination area These rights exist over the area described in Schedules 1 and 2 and include the right to:
Non-native title rights and interests in the determination area include:
See Schedule 4 for further information about the non-native title rights and interests. In the case of conflict, the exercise of non-native title rights and interests will prevail over the non-exclusive native title The Mbabaram Aboriginal Corporation Registered Native Title Body Corporate (RNTBC) is the prescribed body corporate. It performs the functions required under the Native Title Act 1993 (Cth) and acts as agent for the Bar Barrum People. Full text of the determination is available via the URL link above. | ||
Detailed Information: | ||
Background This judgment comes after a series of six other determinations, the first of which began in 1996. Each was an application by the Bar Barrum People to affirm native title claims over different parts of their lands. This determination is about the waterways which form the boundaries of Bar Barrum lands. Regarding the previous successive claims of the Bar Barrum People, Traditional owner Glen Malthouse stated that "it is a tribute to the strength of our Elders, both past and present, Details of Judgment Justice Reeves describes 6 requirements for the consent determination to be valid. These are: 1) The determination must be filed correctly [4]; 2) The Court must be notified in the proper amount of time that an agreement can be reached between the parties [8]; 3) That agreement must be related to the matter [8]; 4) The agreement must be in writing and filed with the Court [8]; 5) The Court must have the power to make the consent determination [8-11]; and 6) The agreement made between the traditional owners and other groups with an interest in or rights to the land must be an appropriate agreement [14-16]. All of these requirements were fulfilled. Some of the more detailed requirements are explained below. Requirement (3) was fulfilled in this case because the agreement reached resolves the matter and ends the dispute [8]. Requirement (5) can only be fulfilled if its own list of requirements are fulfilled [10]. These are: a) The persons or groups making the claim to native title must be named; b) The types of rights the native title will give those people must be described; c) The rights of other groups must be described; d) The relationship between native title rights and non-native title rights must be described; and e) Whether the native title owners have been handed back full ownership of certain types of land must be stated. In this case, the Bar Barrum People were not handed back full ownership. All of these requirements were fulfilled, so requirement (5) was fulfilled. Requirement (6) was fulfilled because of the very detailed evidence gathered by the Bar Barrum People and their legal counsel. This allowed them to take part in informed and free negotiations during the creation of the consent determination. This is required to create a valid consent determination. |
| ||||
| ||||
|
Was this useful? Click here to fill in the ATNS survey