Doctor on behalf of the Bigambul People v State of Queensland [2017] FCA 716

Parts of Boondandilla State Forest and Marmadua

Registered with the National Native Title Tribunal on the Native Title Register.

Between: Russell Doctor, Elaine Georgetown, Cyril Logan and Rhonda Sandow on behalf of the Bigambul People (Applicant) and the State of Queensland, Goondiwindi Regional Council, Toowoomba Regional Council, Western Downs Regional Council and others (Respondents)

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 the Bigambul People.

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

These rights and interests exist over the area described in Schedule 1 and include the right to:

• access the determination area;
• camp and live temporarily on the area;
• hunt, fish and gather on the land and waters of the area for personal, domestic and non-commercial purposes;
• take and use the water of the area for personal, domestic and non-commercial purposes;
• conduct ceremonies on the area;
• be buried and 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; and
• light fires on the area for domestic purposes.

Other rights and interests in the determination area include:

• the agreement between the applicants and the Balonne Shire Council, Western Downs Regional Council, Goondiwindi Regional Council and Toowoomba Regional Council those of the parties to the agreement which was authorised by the native title claim group on 9 September 2016 (Bigambul People and Local Government Indigenous Land Use Agreement (ILUA));
• those of the parties to the agreement that was authorised by the native title claim group on 9 September 2016 (the Bigambul People and Ergon Energy Corporation ILUA);
• Australia Pacific LNG Pty Limited;
• the rights and interests of the State of Queensland, Goondiwindi Regional Council, Toowoomba regional Council and Western Downs Regional Council to access, use, operate, maintain and control the dedicated roads in the determination area;
• the rights and interests of Telstra Corporation Limited;
• the rights and interests of Ergon Energy Corporation Limited;
• the rights and interests of Australia Pacific LNG Pty Limited pursuant to the Petroleum and Gas (Production and Safety) Act 2004 (Qld);
• the rights and interests of Origin Energy Resources Limited and Australia Pacific LNG Pty Limited;
• any existing public access to and enjoyment of areas in the determination area pursuant to s 212(2) of the Native Title Act 1993 (Cth) (NTA); and
• any other rights and interests held by the State of Queensland or the Commonwealth of Australia.

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 Bigambul Native Title Aboriginal Corporation 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 Bigambul people.

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

Background

On 18 October 2016, the Court split the Bigambul application into Parts A and B. Bigambul Part A comprised all of the claim area except for six parcels of land [1].

Part A was decided on 1 December 2016 in Doctor on behalf of the Bigambul People v State of Queensland [2016] FCA 1447. The remaining six parcels of land are the subject of this Bigambul Part B determination which were held over for determination until the Court had resolved Doyle on behalf of the Iman People #2 v State of Queensland [2016] FCA 13 (Iman). In that case, the Court considered relevant points of law in relation to whether grants of grazing pastoral leases amount to exclusive possession acts under s 23B of the NTA [1]. As a consequence of the outcome of Iman, the parties in Bigambul Part B agreed that native title had been extinguished over all the six parcels apart from 92,853 hectares located within the Kumbarilla, Waar Waar and Boondandilla State Forests [4].

Details of Judgment

Justice Reeves recognised that the Bigambul People hold native title in the determination area [18].

Native title exists in the entire determination area.

Related Entries

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