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Foster on behalf of the Gunggari People #3 v State of Queensland [2014] FCA 1318 | | Binomial Name: | Federal Court of Australia | | | Date: | 5 December 2014 | | | Sub Category: | Consent Determination (Native Title Act) | | Place: | Amby | | State/Country: | Queensland, Australia | | The determination is in respect of land and waters covering an area of approximately 4,166 km2, situated roughly between the towns of Amby and Muckadilla in the north and Begonia, approximately 55 km north of St George, in the south. The determination covers a 120 km stretch of the Maranoa River from its junction with Amby Creek southerly to Begonia. | | | | Legal Status: | Registered on National Native Title Register | | | Legal Reference: | Federal Court file no: QUD548/2012
Tribunal file no: QCD2014/018
| | | URL: | http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/NNTR_details.aspx?NNTT_Fileno=QCD2014/018 | | | Summary Information: | | | Between:
MARSHALL FOSTER, REEGHAN FINLAY, JAMIE ROBERT FRID, DON HARDING, GRANT JACKSON, BRADLEY SAUNDERS and MICHELLE SAUNDERS ON BEHALF OF THE GUNGGARI PEOPLE #3 (Applicants)
and:
STATE OF QUEENSLAND, MARANOA REGIONAL COUNCIL, KGLNG E&P II PTY LTD, PAPL (UPSTREAM II) PTY LTD, SANTOS QNT PTY LTD ABN 33 083 077 196, TOTAL E&P AUSTRALIA III, ERGON ENERGY CORPORATION LIMITED, KAYLEAN TERESE KILLEN, MICHAEL HUMPHREY KILLEN, DON JAMES NOON, KIM KELMAN NOON and PAUL STEINOHRT (Respondents)
Judge: Rangiah J
Where made: Amby
Determination
Native title exists in the all the determination area as given by Schedule 1, but does not exist in those areas given by Schedule 2.
These rights consist of the right to:
(a) access, be present on, move about on and travel over the area;
(b) camp and for that purpose erect temporary shelters;
(c) hunt, fish and gather on the land and waters of the area for personal, domestic and non-commercial communal purposes;
(d) take and use Natural Resources from the land and waters of the area for personal, domestic and non-commercial communal purposes;
(e) take and use the Water of the area for personal, domestic and non-commercial communal purposes;
(f) conduct religious and spiritual activities and ceremonies on the area;
(g) teach on the area the physical and spiritual attributes of the area;
(h) light fires on the area for domestic purposes including cooking, but not for the purpose of hunting or clearing vegetation; and
(i) maintain places of importance and areas of significance to the native title holders under their traditional laws and customs and protect those places and areas, by lawful means, from physical harm.
Native title is held by: The Gunggari People
These rights are subject to, and exercisable in accordance with:
(a) the Laws of the State and the Commonwealth;
(b) the traditional laws acknowledged and traditional customs observed by the native title holders; and
(c) The rights and interests of parties under ILUA's (as given by Schedule 4)
Also included are the statutory rights of Bronco Energy Pty Limited, PAPL Pty Limited, KGLNG E & P II Pty Ltd and Total E & P Australia III as granted by the Petroleum Act 1923 (QLD).
Also included are the statutory rights of Bronco Energy Pty Limited, PAPL Pty Limited, KGLNG E & P II Pty Ltd and Total E & P Australia III as granted by the Petroleum Act 1923 (QLD).
Further protected are the statutory rights of Ergon Energy in relation to the Electricity Act 1994 (QLD).
The rights of the local council, the Maranoa Region Council include:
(a) the Council’s powers, functions, responsibilities and jurisdiction under Local Government Acts;
(b) the Council’s rights and interests in land or waters within the Determination Area including under any lease, license, access agreement, easement or reserve in the Determination Area;
(c) the rights to use, operate, maintain, replace, restore, remediate, repair and otherwise exercise all other rights as the owners and operators of infrastructure, structures, earthworks, access works, facilities and other improvements within the Determination Area;
(d) the rights under any agreements between the Council and third parties which relate to land or water in the Determination Area; and
(e) the rights of the Council’s employees, agents and contractors to enter upon the Determination Area for the purpose of performing their powers and responsibilities under paragraphs (a) to (d).
Further, the State of Queensland retains rights in regards to Reserves.
Note, any rights granted under the Mineral Resources Act (1989) (QLD), and the Land Act 1994 (QLD) may be current.
Any existing public access to, and enjoyment of, the following is preserved:
(a) waterways;
(b) beds and banks or foreshores of waterways;
(c) stock routes; and
(d) areas that were public places at the end of 31 December 1993.
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
Gunggari Aboriginal Corporation, as the prescribed body corporate, is to perform functions required under the Native Title Act 1993 (Cth) and to act as agent for the native title holders. The native title is held in trust for the native title holders. | | Detailed Information: | | | Background
The Gungarri people have sought Native Title since 1996. This decision followed a 2012 judgement that acknowledge the Gunggari as the traditional owners of land to the West of the current determination area. The current area centres on the Maranoa River and its tributaries.
Details of Judgement
The court recognised that at the time of Settlement, the Gunggarri were a distinct people with their own language and land. They shared a name and possessed their own body of stories, songs, designs and rituals.
Upon European settlement, the Gunggarri fought hard for their land, but the violence of Europeans and Mounted Police forced the Gunggarri off their land and brought environmental degradation, disease and the loss of many Gunggarri lives. Between 1914 and 1941, many Gunggarri people were taken from Country and moved to missions and reserves; many of those who managed to evade removal settled in Top Yumba, and were later moved down the river to Bottom Yumba.
The court recognised a continuance of culture and a connection to land even despite the pressures faced by colonisation. The decision allows the Native Title holders access, the ability to hunt and camp, to use the resources of the land, conduct religious and spiritual activities, teach culture, light fires and care for the land. | | | Outcomes: | | | Native title exists in the entire determination area | |
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