This is the first determination in respect of the Torres Strait under the Native Title Act 1993. The consent determination declared that the Mualgal People were the common law holders of the land in the claim area. It was the first determination in respect of the Torres Strait since the decision in Mabo v the State of Queensland (No 2) (1992) 175 CLR 1. The communal and group rights and interests which comprise native title ensure the Mualgal People 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 land will be managed on behalf of the Mualgal by the Mualgal (Torres Strait Islanders) Corporation in accordance with the Native Title Act 1993 and will not be held on trust. 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, a Crown reserve for an airfield, and a special lease.
There were a number of other rights and interests in the claim area that were recognised by the consent determination. They include the powers of the Kubin Island Council and the St Pauls Island Council under the Community Services (Torres Strait) Act and Land Act 1994. The rights and interests of the Kubin Island Council and persons under the Deed in Grant of Trust granted on 17 October 1985 under the Land Act 1962 are also recognised, along with those of the St Pauls Island Council and persons under the Deed in Grant of Trust granted on 17 October 1985 under the Land Act 1962. |