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Lardil, Yangkaal, Gangalidda & Kaiadilt Peoples v State of Queensland [2008] FCA 1855 | | Date: | 9 December 2008 | | | Sub Category: | Consent Determination (Native Title Act) | | Place: | Wellesley, South Wellesley, Forsyth and Bountiful Island Groups, Gulf of Carpentaria | | State/Country: | Queensland, Australia | | The location of the determination area is contained in Schedules 1, 1A, 1B and 2.
Native title is held by the Lardil, Yangkaal and Kaiadilt peoples depending on the agreed locations over which each group held traditional rights and interests in the land. The allocation of the determination area to the three groups is described in Schedule 4. | | Legal Status: | Registered on the National Native Title Register (of native title determinations). | | | Legal Reference: | Tribunal file no.: QC06/1; Federal Court no.: QUD7/2006 | | | Subject Matter: | Land Use | Native Title | | URL: | http://www.austlii.edu.au/au/cases/cth/federal_ct/2008/1855.html | | | Summary Information: | | | Lardil, Yangkaal, Gangalidda & Kaiadilt Peoples v State of Queensland [2008] FCA 1855
Between: Valerie Douglas, Cecil Goodman, Roger Kelly on their own behalf and on behalf of the Lardil, Yangkaal, Gangalidda and Kaiadilt Peoples (APPLICANTS)
AND
State of Queensland, Mornington Shire Council, Ergon Energy Corporation Limited, Telstra Corporation Limited, Airservices Australia, Brenda Mary Withers, David Wooldridge Withers, Lyn Battle and Thomas William Battle (RESPONDENTS)
Judge: Spender J
Where Made: Mornington Island
Determination:
Native title exists in relation to part of the determination area, granting the native title holders exclusive and non-exclusive rights over the land. The areas in Schedule 3 are subject to past exclusive possession acts and therefore cannot form part of the determination area. | | Detailed Information: | | This agreement follows a consent determination made on 23 March 2004, The Lardil Peoples v State of Queensland [2004] FCA 298, which recognised the native title holders’ rights to the sea surrounding the Wellesley Islands group. Justice Spender made note of the significant body of ‘connection’ evidence from the 2004 determination which was relevant to the present claim. The claim area includes unallocated Crown land, special leases, land leases, permit land and reserves.
Schedules 1, 1A and 1B contain the portion of the determination area over which the native title holders hold exclusive native title rights and interests.
Schedule 2 contains the part of the determination area over which the native title holders hold non-exclusive native title rights and interests. Other than in relation to water, these are the right to:
access the area;
hunt, fish and gather on the area for personal, domestic, and non-commercial communal purposes;
take, use and exchange natural resources from the area for personal, domestic, and non-commercial communal purposes;
camp on the area but not reside permanently or erect permanent structures;
light fires on the area for domestic purposes including cooking but not for the purposes of hunting or clearing vegetation;
conduct religious, spiritual, and ceremonial activities on the area; and,
maintain and protect sacred sites.
In relation to water, the non-exclusive native title rights include the rights to:
hunt, fish and gather for personal, domestic and non-commercial purposes; and,
take, use and enjoy the water for personal, domestic and non-commercial purposes.
These rights and interests are subject to other rights and interests described in Schedule 6, which continue to have effect, including those of:
Telstra Corporation Ltd in respect of its duties as the owner and operator of telecommunications facilities installed within the determination area;
Ergon Energy Corporation Ltd as the owner and operator of electricity generation, transmission and distribution;
David Woolridge Withers and Brenda Mary Withers, who hold various subleases from the Mornington Shire Council;
Thomas William Battle and Lyn Battle, as registered permittees;
Mornington Shire Council, as a lessee and sub-lessor, and in respect of its functions as the local government authority;
The Ngaarrkinaba/ Mildjii Land Trust; and,
The Kaiadilt Aboriginal Land Trust.
There are no native title rights in relation to minerals or petroleum. Native title rights are subject to the laws of the state and Commonwealth, in accordance with the traditional laws and customs observed by the native title holders.
Gulf Region Aboriginal Corporation is the nominated prescribed body corporate for the determination area. | |
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