Sullivan on Behalf of the Yulluna People #4 v The State of Queensland [2017] FCA 122

Duchess

Registered on the National Native Title Register

Between Brian Sullivan on behalf of the Yulluna People #4 (and Valerie Punch, Hazel Sullivan, Stan Sullivan, and Allan Naumann) (Applicants) and the State of Queensland (Respondent)

Judge Dowsett J

Determination

The full text of this determination is available from the Austlii link provided.

Native Title exists in the entire determination area

The native title in consists of non-exclusive rights and interests.

Native Title is held by the Yulluna People.

Non-exclusive native title rights and interests that exist within the determination area include:

• access to the area;
• camping, and for that purpose building temporary shelters on the area;
• hunting, fishing, and gathering on the land and waters of the area for domestic, personal and non-commercial communal purposes;
• taking and using natural resources from the land and waters of the area for domestic, personal and non-commercial communal purposes;
• taking and using the Water of the area for personal, domestic and non-commercial communal purposes;
• conducting ceremonies on the area;
• maintaining places of importance and areas of significance to the native title holders under their traditional laws and customs and protecting those places and areas from physical harm;
• teaching on the area the physical and spiritual attributes of the area; and
• lighting fires on the area for domestic purposes including cooking, but not for the purposes of hunting or clearing vegetation.

Non-native title rights and interests that exist within the determination area include:

• the rights and interests granted by the State of Queensland or the Commonwealth; and
  
• any other rights and interests that exist under the laws of the State of Queensland or the Commonwealth.
  

In the case of conflict, the exercise of non-native title rights and interests will prevail over the non-exclusive native title.

The Yulluna Aboriginal Corporation is to perform the functions required under the Native Title Act 1993 (Cth) after becoming a registered native title body corporate. The native title is held in trust for the native title holders.

Background

In 2014, the Federal Court of Australia determined that the Yulluna people were the traditional owners of approximately 10,027 square kilometres of land near the town of Duchess (Sullivan on behalf of the Yulluna People #3 v State of Queensland). However, the boundary description provided had erroneously omitted a small area of Unallocated State Land (USL). An application to amend the Yulluna People #3 decision was submitted, but the Federal Court refused to amend the decision. Following this refusal, both the applicant (Brian Sullivan) and the respondent (State of Queensland) mutually agreed to proceed to a consent determination. In his affidavit, the State Negotiator affirmed that the State was willing to rectify the error in the original boundary description.

Details of Judgment

Through mediation, the parties agreed to the terms of a determination of native title to provide recognition of the native title rights and interests held by the Yulluna People in relation to entire area covered by the Yulluna #4 application. Pursuant to s 87 of the Native Title Act 1993 (Cth), the signed agreement was filed in the Federal Court. The Court was satisfied that a determination of native title was within the power of the Court.

Native title exists in the entire determination area.

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