Woosup on behalf of the Ankamuthi People #2 v State of Queensland  FCA 832
Between: Larry Woosup, Beverly Mamoose (Nee Tamwoy), Richard Woosup, Charles Woosup, George Mamoose, Michael Toby, Asai Pablo, Tracey Ludwick, Ella Hart (Deemal), Nelson Stephen, Ben Tamwoy, Catherine Salee, Mark Gebadi (Applicants) and State of Queensland, Alcan South Pacific Pty Ltd, RTA Weipa Pty Ltd (Respondents).
Where made: North Queensland
Judge: Greenwood J.
Native title exists in the entire determination area: It consists of non-exclusive native title rights.
The native title holders are the Ankamuthi People.
The non-exclusive native title rights and interests are the rights to:
- hunt, fish and gather from the water of the area;
- take and use the natural resources of the water of the area; and
- take and use the water of the area.
These are non-exclusive rights, they do not confer possession, occupation, use or enjoyment to the exclusion of all others.
The native title rights and interests are subject to the laws of the state and the commonwealth, and the traditional laws and customs of the Ankamuthi People.
These non-exclusive rights do not create any rights in relation to:
- minerals as defined by the Mineral Resources Act 1989 (Qld)
- petroleum and gas as defined by the Petroleum Act 1923 (Qld) and the Petroleum and Gas (Production and Safety) Act 2004 (Qld).
Non-native title rights and interests that exist in the Determination Area:
The nature and extent of non-native title rights and interests are described in Schedule 4 of the determination. These interests are those:created under the Western Cape Communities Co-existence Agreement;
of RTA Weipa Pty Ltd and Rio Tinto Aluminium Ltd created under the Commonwealth Aluminum Pty Limited Agreement (the Comalco Agreement);of Alcan South Pacific Pty Ltd created under the Alcan Agreement; of the public under state or commonwealth laws; and
of the State of Queensland and of the Commonwealth of Australia.
In the case of conflict, the exercise of non-native title rights and interests will prevail over the non-exclusive native title rights but not extinguish them.
The Seven Rivers Aboriginal Corporation, as the prescribed body corporate, is to perform the functions required under the Native Title Act 1993 (Cth) and holds the Ankamuthi Peoples' native title in trust.