Anderson on behalf of the Northern Cape York #3 Native Title Claim Group v State of Queensland [2017] FCA 830

Cook Shire, in Far North Queensland.

Registered with the National Native Title Tribunal on the Native Title Register on 26 July 2017.

Between: Anderson on behalf of the Northern Cape York #3 Native Title Claim Group (Applicant) and the State of Queensland (Respondent)

Judge: Greenwood J

Determination

Native title exists in the entire determination area

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

Native title holders

The native title holders are the Northern Cape York #3 Native Title Claim Group, being the persons descended by birth or adoption from the apical ancestors listed in the extract, attached below under documents.

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

This is the right to possession, occupation, use, and enjoyment of the area, described in Schedule 1, marked in dark blue, 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 1, marked in light blue, and include the rights to:

• In relation to water: (i) hunt, fish and gather from the water of the area; (ii) take and use the natural resources of the water in the area; and (iii) take and use the water of the area, for cultural, personal, domestic and communal purposes.
• Access, be present on, move about on and travel over the area;
• Hunt and fish in or on, and gather from, the area;
• Take, use, share and exchange natural resources on the area;
• Take and use the water from the area for cultural, personal, domestic and communal purposes;
• Live and camp on the area and for those purposes to erect shelters and other structures thereon;
• Conduct ceremonies on the area;
• Be buried and to bury native title holders within the area;
• Maintain places of importance and areas of significance to the native title holders under their traditional laws and customs on the area and to protect those places and areas from harm;
• Teach on the area the physical and spiritual attributes of the area;
• Hold meetings on the area;
• Light fires on the area for cultural, spiritual or domestic purposes including cooking, but not for the purpose of hunting or clearing vegetation; and
• Be accompanied on to the area by those persons who, though not native title holders, are: (i) spouses or partners of native title holders; (ii) people who are members of the immediate family of a spouse or partner of a native title holder; or (iii) people reasonably required by the native title holders under traditional law and custom for the performance of ceremonies or cultural activities on the area.
  

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

• The rights and interests of the grantee and beneficiaries of the estate listed in Schedule 4 of the extract, attached below under documents.
• The rights and interests of the Torres Shire Council as the local government for the determination area within its local government area.
• The rights and interests of the State of Queensland in the Reserve, the rights and interests of the trustee of that Reserve and of the persons entitled to access and use that Reserve for the purpose for which it is reserved.
• The rights and interests of Cook Shire Council including any rights its employees, agents or contractors have.
• The rights and interests of RTA Weipa Pty Ltd, Rio Tinto Aluminium Limited, and Alcan South Pacific Pty Ltd.
• The rights and interests of members of the public arising under the common law, including but not limited to the following: (a) any subsisting public right to fish; and (b) the public right to navigate.
• Lawful access to and enjoyment of the following places in the Determination Area: (a) waterways; (b) beds and banks or foreshores of waterways; (c) coastal waters; (d) beaches; (e) stock routes; and (f) areas that were public places at the end of 31 December 1993.
  

See Schedule Schedule 4 of the extract 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 Ipima Ikaya 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 holds the native title in trust for the Northern Cape York #3 Native Title Claim Group.

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

Background

The Northern Cape York Group #3 application was first filed on 7 October 2016 pursuant to s 61 of the Native Title Act 1993 (Cth), and was entered on the Register of Native Title Claims on 7 November 2016.

The
outcome of the consent determination recognised the claim to approximately 1,285
square kilometres of land. It follows another successful claim that was lodged by the Northern Cape York #2 Native Title Claim Group in 2014 (ATNS).

Details of Judgment

The parties reached agreement as to the terms of the determination which was to be made in relation to the land and waters covered by the application. They requested that the Court hear and determine this proceeding in accordance with their agreement.

The Court was satisfied that it would be appropriate and within its power to recognise the native title holders for the determined area.

Native title exists in the entire determination area.

Related Entries

References

Documents

Glossary