Walden & Ors on behalf of the Waanyi Peoples v State of Queensland & Ors (unreported, FCA, 9 December 2010, Dowsett J)

Judge:

Dowsett J

Determination:

Native title exists in the entire determination area

The native title holders are the Waanyi People.

The determined native title rights and interests include: - exclusive rights of possession, use and occupation of land and waters within the determination area; - rights to hunt and gather; - rights to fish; - rights to use natural resources in the determination area; - rights to protect sites of importance and cultural artifacts; - rights to engage in cultural activities in the determination area (including the right to conduct traditional ceremonies); - rights regarding the protection of cultural knowledge; - rights to deny permission to others to access the determination area.

Native title does not exist in minerals, petroleum or gas.

This determination is conditional on the registration of an ILUA (which was negotiated prior to the making of the consent determination) on the National Native Title Register for Indigenous Land Use Agreements.

The determination area

The determination area is located approximately 120 kilometres south of the Gulf of Carpentaria, in north-west Queensland. It extends to the township of Gregory Downs and across to the Northern Territory border. It encompasses numerous pastoral holdings, reserves and unallocated state land and parks (such as the Boodjamulla National Park).

The determination area covers approximately 1.7 million hectares in total.

Background

This consent determination concerns the native title claim of the Waanyi People (Federal Court No.: QUD6022/99; National Native Title Tribunal No.: QC99/23). This claim was filed on 30 August 1999. Amongst others, it overlaps with a number of previous native title claims made by the Waanyi People: Waanyi (Federal Court No.:QUD6003/98), Waanyi #2 (Federal Court No.: QUD6021/98), Waanyi #3 (Federal Court No.: QUD6095/98) and Waanyi #4 (Federal Court No.: QUD6176/98). These claims have all been withdrawn or discontinued. Media releases indicate that the Waanyi people have negotiated with (amongst others) the Lawn Hill Pastoral Holding Company, the Riversleigh Pastoral Holding Company, MMG Century Mines, the Burke Shire Council and the State of Queensland.

The consent determination was delayed by the claim made in Aplin on behalf of the Waanyi Peoples v State of Queensland [2010] FCA 625. This case concerned an applicant not recognised within the Waanyi People claim group, Mr Phillips. Mr Phillips asserted that he should also be included within the claim group owing to his ancestry. The judge in this matter provided directions to the Waanyi claim group to enable them to determine whether Mr Phillips should be recognised as a member of their claim group.

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