Miller on behalf of the Birriah People v State of Queensland (No 2)  FCA 1434
Between: David Miller, Frank Fisher, Colin McLennan, Gracelyn Smallwood and Algon Walsh Jnr on behalf of the Birriah People (APPLICANTS) and State of Queensland, Castle Hill Exotics Pty Ltd and Ergon Energy Corporation Limited] (RESPONDENTS)
Judge: Reeves J
Where made: Federal Court of Australia
Native title exists in part of the determination area. The native title consists of exclusive and non-exclusive native title rights and interests.
Native title is held by the Birriah People.
Exclusive native title rights:
The Birriah People hold the right to exclusive possession, occupation, use, and enjoyment over the area of Lot 3 on SP289533.
Non-exclusive native title rights and interests:
In relation to water, the native title holders have non-exclusive rights for personal, domestic and non-commercial purposes, to:
- hunt, fish and gather from the water;
- take and use the natural resources of the water
- take and use the water.
No native title rights and interests exist in relation to:
- minerals, as defined in the Mineral Resources Act 1989 (Qld); or
- petroleum, as defined in the Petroleum Act 1923 (Qld) and the Petroleum and Gas (Production and Safety) Act 2004 (Qld).
The native title is subject to the laws of the State of Queensland and the commonwealth.
In the case of conflict, the exercise of non-native title rights and interests will prevail over the native title rights and interests.
Non-native title rights and interests that exist within the determination area:
- the rights and interests of the parties under the Birriah People and Castle Hill Exotics Pty Ltd Indigenous Land Use Agreement (area agreement)(QI2016/046)
- the rights and interests of Ergon Energy Ltd as the owner and operator of any works and as a distribution entity under the Electricity Act 1994 (Qld). These rights include any already in existence before this agreement was made, including the right to enter, inspect, maintain and manage any work in the determination area.
- any other rights and interests held by the State of Queensland or Commonwealth of Australia (including those that exist by the force and operation of the laws of the State and Commonwealth)
For more information, see Schedule 4 of the determination.
Areas within the determination area where native title does not exist:
- all of the land and waters within Lot 1 on SP289533;
- all of the land and waters within Lot 2 on SP28953; and
- land or waters where any public work is or was located.
The Birriah Aboriginal Corporation (RNTBC), as the prescribed body corporate, is to perform functions required under the Native Title Act 1993 (Cth). The native title is held in trust for the native title holders.
Access to the full text of the determination, its annexure and schedules are available via the URL link.