Taylor on behalf of the Gangalida People v State of Queensland [2019] FCA 302

Gulf of Carpentaria

Registered with the National Native Title Tribunal on the Native Title Register on 11/03/2019.

Taylor on behalf of the Gangalida People v State of Queensland [2019] FCA 302 

Between: Taylor on behalf of the Gangalidda People (Applicant) and State of Queensland and Burke Shire Council (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 determination area (described in Schedule 4) for personal, domestic, and non-commercial communal purposes to the exclusion of all others.

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

In relation to water, these rights exist over the area (described in Schedule 4) include the right to:

• hunt, fish and gather from the water of the area;
• take and use natural resources of the water in the area; and
• take and use water of the area,

for personal, domestic and non-commercial communal purposes.

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

• the rights and interests of Walaji Pty Ltd in its capacity as trustee for the Walaji Trust, being the registered lessee of Lot 4597 on Plan PH1605 (the Pendine Pastoral lease area);
• the rights and interests of the Burke Shire Council to exercise its powers and responsibilities as a local government under the Local Government Act 2009 (Qld); and
  
• any other rights and interests held by the State of Queensland or Commonwealth of Australia or existing under the law of the State of Queensland or 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 holds the native title in trust for the Gangalidda People.

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

Background

The relevant determination area had been included in a previous determination (Taylor on behalf of the Gangalidda and Garawa Peoples #1 v State of Queensland [2015] FCA 731) which was amended on 19 May 2011 to remove this area in the hope of filing a separate claim [7].

Then, on 24 November 2017, the applicant filed an application for determination of this area. The Gangalidda People negotiated with
the State of Queensland to come to an agreement about the terms of their native title rights and interests in the lands and waters of
the determination area and were able to file the signed agreement with the Court on 15 February 2019, pursuant to s 87 of the Native Title Act 1993 (Cth).

The Carpentaria Land Council Aboriginal Corporation commented on the positive impacts of the consent determination in the 32nd edition of their newsletter: The determinations mean that the Gangalidda People can
move towards the proposed second stage of the Nijinda Durlga
Indigenous Protected Area (IPA). The Nijinda Durlga IPA enables Gangalidda People to care for country in a culturally appropriate
and environmentally sustainable manner while promoting
education, training and employment. This includes exploring
opportunity to develop responsible commercial, eco-tourism
and other enterprises based on the use and management of
Gangalidda land and waters. The Gangalidda People hope that
the IPA will continue to build the capacity of local rangers and
promote the work rangers do on country to protect and conserve
biodiversity. Stage two of the IPA would take the total area of the
Nijinda Durlga IPA from 186,323ha to 541,095ha.

Details of Judgment

In accordance with s 87 of the Native Title Act 1993 (Cth), the Court found it appropriate to make consent orders without holding a hearing. This is because the Court was satisfied that parties had received independent legal advice, had entered into the agreement freely, that the State of Queensland had made genuine considerations to the requests made by the Gangalidda people during negotiation, and  the that the greed determination was clear in describing the rights and interests of all parties [4]. The Court found that the Gangalidda People have native title interests (under s 225 of the Native Title Act 1993 (Cth)) in the whole of the determination area.

Native title exists in all of the determination area.

Related Entries

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