| Barry Fisher & Ors on behalf of the Ewamian People #2 v State of Queensland & Ors
Between:
(APPLICANTS)
and
(RESPONDENTS)
Judge:
Where made:
Determination:
Native title exists in part of the determination area. It consists of exclusive native title rights in terms of the land use, and non-exclusive rights in terms of water use.
Native title is held by the Ewamian People.
The exclusive native title rights over part of the determination area consist of:
- Other than in relation to Water, the rights to possession, occupation, use and enjoyment of the area for personal, domestic and non-commercial communal purposes.
The non-exclusive native title rights over part of the determination area consist of:
- The right to hunt, fish and gather from the land and water of the area for personal, domestic and non-commercial communal purposes;
- The right to take and use the water of the area for personal, domestic and non-commercial communal purposes;
- The right to take and use the Natural Resources of the Water in the area;
- The right to access, occupy, use and camp on the area, but not to reside permanently, and to construct temporary structures;
- The right to conduct ceremonies, teach on the area the physical and spiritual attributes of the area; and
- The right to light fires on the area for domestic purposes including cooking, but not for the purpose of hunting or clearing vegetation.
Non-native title rights and interests that exist in the determination area include:
- The laws of the State and the Commonwealth;
- The traditional laws and customs observed by the Native Title Holders;
- The rights and interests of parties to Indigenous Land Use Agreements;
- The rights and interests of the holders of any leases, licences, reservations, permits, easements or authorities granted under the Land Act 1994 (Qld);
- The rights and interests of Telstra Corporation Ltd as the operator of telecommunications facilities installed within the Determined Area;
- The rights and interests of Ergon Energy Corporation Limited;
- The rights and interests of the Etheridge Shire Council (“the Council”) including any rights the Council, its employees, agents or contractors have; and
- The rights and interests of the State of Queensland or any other person existing by reason of the force and operation of the laws of the State of Queensland.
Area where native title has been extinguished
- Areas on which there is a homestead, house, shed or other building;
- Areas on which there is an airstrip;
- Areas on which there is a constructed dam or any other constructed stock watering point;
- Area on which there are stock yards and trap yards; and
- Areas on which there is an existing pastoral lease.
In the case of conflict, the exercise of non-native title rights and interests will prevail over the non-exclusive native title.
Provisions Relevant to the Native Title Rights
Tatampi Puranga Aboriginal Corporation, as the prescribed body corporate, is to perform the functions required under the Native Title Act 1993 (Cth) and to act as agent for the native title holders. The native title is not held on trust for the native title holders. |
Barry Fisher & Ors on behalf of the Ewamian People #2 - (