Dauan People v State of Queensland  FCA 1064 (6 July 2000)
|Federal Court of Australia
|6 July 2000
|Consent Determination (Native Title Act)
|Dauan (one of the Murray Islands Torres Strait
|The determination area comprises the land and inland waters of Dauan Island, but not including the following areas:
(a) Crown Reserve for State School R254;
(b) Crown Reserve for State School (Residential) R255;
(c) Crown Reserve for State School R256;
(d) Land east of the Council office on which the Telstra mast and equipment shelter are situated, including any adjacent land that may be used in relation to this area;
(e) The land on which Ergon Energy Corporation power station is situated including any adjacent land that may be used in relation to this area;
|Registered on the National Native Title Register
|Federal Court No: DG6248/98 (or QG 6248 of 1998);
|Native Title | Recognition of Traditional Rights and Interests | Recognition of Native Title or Traditional Ownership
|Dauan People v State of Queensland  FCA 1064
Between: Dauan People (APPLICANTS) AND
State of Queensland, Torres Strait Regional Authority, Telstra Corporation Limited, Ergon Energy Corporation Limited and Others (RESPONDENTS)
Judge: Drummond J
Where: Dauan Island
Native title exists in the determination area with some exceptions.
|The consent determination declared that the Dauan People were the common law holders of the land in the claim area. The communal and group rights and interests which comprise native title ensure they may posses, occupy, use and enjoy the land subject to their traditional laws and customs. The nature and extent of these rights was explored in further detail by Justice Drummond in the consent determination. The native title will be held in trust by the Daunalgaw (Torres Strait Islanders) Corporation. As with the majority of consent determinations, the orders were made in respect of land that was either unallocated crown land, reserved land or land already held by, or for the benefit of, Aboriginal or Torres Strait Islander People. The claim excluded certain roads, Crown Reserves for State Schools, and particular land used by the Telstra Corporation and the Ergon Energy Corporation.
There are a number of other rights and interests in the claim area that are recognised by the consent determination. They include the powers of the Dauan Island Council under the Community Services (Torres Strait) Act 1984 to discharge the functions of local government in accordance with the Deed of Grant in Trust granted on 17 October 1985 to the Dauan Island Council under the Land Act 1962. The rights and interests of the Dauan Island Council and persons under the Deed in Grant of Trust are also protected.
The consent determination recognises the rights and interests of other Indigenous peoples in the area, hence Indigenous Papua New Guinea persons and the Indigenous inhabitants of the Saibai Island and Boigu Island are entitled to have access to the determination area for traditional purposes. The rights and interest of both Papua New Guinea and Australia in the claim area are further protected by the Treaty between Australia and the Independent State of Papua New Guinea Concerning the Area Known as the Torres Strait, and Related Matters.
The interests of the Telstra Corporation Limited and Ergon Energy Limited are protected in the exercise their statutory functions, operation of their facilities and maintenance of their infrastructure. Both corporations have their rights additionally protected by separate Deeds of Agreement with the representatives of the native title holders. The Crown and the State of Queensland also hold interests pursuant to any statute or valid executive or legislative act that was current at the date of this determination. The rights and interests of other parties prevail over the rights and interests of the native title holders when they cannot exist concurrently.