Taylor on behalf of the Gangalidda People v State of Queensland [2019] FCA 297

Southern region of the Gulf of Carpentaria

Registered on the Native Title Register on 11/03/2019.

Between: Taylor on behalf of the Gangalidda People (Applicant) and State of Queensland, Burke Shire Council, and Telstra
Corporation ABN 33 051 775 556 (Respondents) 

Judge: Collier J

Determination

Native title exists in all 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 Gangalidda People.

Exclusive native title rights and interests over all of the determination area

Other than in relation to water, the Gangalidda People have the right to possession, occupation, use, and enjoyment of the area described in Schedule 4 Part 1, to the exclusion of all others.

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

These rights exist over the area described in Schedule 4 Part 1 and include the right 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 for personal, domestic and non-commercial communal purposes.

These rights exist over the area described in Schedule 4 Part 2 and include the right to:

• access, to be present on, move about on and travel over the area;
• camp, and for that purpose build temporary shelters;
• hunt, fish and gather on the land and waters of the area for personal, domestic and non-commercial communal purposes;
• take, use, share and exchange natural resources from the land and waters of the area for personal, domestic and non-commercial communal purposes;
• take and use the water of the area for personal, domestic and non-commercial communal purposes;
• conduct ceremonies on the area;
• be buried and bury  within the area;
• maintain places of importance and areas of significance to the native title holders under their traditional laws and customers and protect those places and areas from physical harm; and
• light fires on the area for domestic purposes including cooking, but not the purpose of hunting or clearing vegetation.
  

Non-native title rights and interests in the determination area include:

• the rights and interests of the holders of the following leases granted pursuant to the Land Act 1994 (Qld): (a) term lease TL 0/236665 over Lot1 on Plan SP204559; and (b) term lease TL 0/236666 over Lot 2 on Plan SP204559;
  
• the rights and interests of Walaji Pty Ltd ACN 611 322 751 in its capacity as trustee for the Walaji Trust, being the registered lessee of Lot 4356 on Plan SP204559;
• the rights and interests of Telstra Corporation Limited ACN 051 775 556: (a) as the owner of telecommunication facilities within the Determination area; (b) rights to inspect land, to install, and operate telecommunication facilities and to alter and ensure the proper functioning of its telecommunication facilities; (c) for its third parties to access communication facilities in the Determination area; and (d) under any agreement relating to its telecommunications facilities in the Determination Area;
  
• the rights and interests of the Bourke Shire Council to exercise its powers and responsibilities as a local government; and
• any other rights and interests: held by the State of Queensland or Commonwealth of Australia and Laws of the state and the Commonwealth.
  

See Schedule 2 for a full summary of 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 Gangalidda and Garawa 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 Gangalidda People.

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

Background

A native title application was filed by Mr Terence
Taylor on behalf of the Gangalidda People in 2017. The Gangalidda People negotiated with
the State of Queensland  to come to an agreement about the specific
terms of their native title rights and interests in lands and waters of
the determination area. On 15 February 2019, the parties applied for
court approval of their agreement.

Details of Judgment

The Court was satisfied that the agreement was freely reached by the parties and that therefore it was not necessary to hold a new hearing. The Court found that the Gangalidda People hold native title (pursuant to s 225 of the Native Title Act 1993 (Cth)) in the determination area by referring to evidence in a prior successful native title case in the same area brought by the Gangalidda People: Lardil v State of Queensland [2004] FCA 298. 

Native title exists in all of the determination area.

Related Entries

Documents

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