Queensland Rifle Association Inc v State of Queensland [2021] FCA 110

The determination area covers Lot 190 on Crown Plan ML604 in the Parish of Pratten, Queensland. It is within the jurisdiction of the Southern Downs Regional Council and covers an area of 56 hectares. 

Between:

Queensland Rifle Association Incorporated (Applicant) and the State of Queensland (Respondent)

Judges: O'Bryan J

Judgment

Native title does not exist in relation to Lot 190 on Crown Plan ML604 in the Parish of Pratten, Queensland.

Background:

From 1910 until 1999, the State of Queensland leased the determination area to the Commonwealth of Australia. Then for the next 20 years, leased it to the Pratten branch of the Queensland Rifle Association (QRA). In 2018, when the QRA applied for a renewal of the lease, the State offered it on the condition that there be a Federal Court determination made that no native title exists over the area. 

This led to the QRA applying, as a non-applicant, for a determination of native title.

Details of Judgment:

Following the requirements of s 66 of the Native Title Act 1993 (Cth) (NTA), the Native Title Registrar and Queensland South Native Title Services were notified of the application. In November of 2019, the National Native Title Tribunal made public notifications of the application in the Koori Mail and the Toowoomba Chronicle [13]. 

Queensland South Native Title Services was originally a party to the proceeding but later withdrew and filed a notice stating that it did not oppose orders being made in the terms that the QRA sought [16].

The Court was satisfied that the QRA met the requirements under sections 66 and 86 of the Native Title Act 1993 (Cth) [34].

Considering the gravity of a decision made, on the balance of probabilities, that native title does not exist, O'Brien J noted that:

• The applicant had occupied the area since 1910, and the area had always been utilised as a rifle range
• There had never been a native title application for the area, nor had there been a determination or Indigenous Land Use Agreement made [15]
• No other party opposed the determination [32].

Native title does not exist

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