Background
This judgment comes after a series of six other determinations, the first of which began in 1996. Each was an application by the Bar Barrum People to affirm native title claims over different parts of their lands. This determination is about the waterways which form the boundaries of Bar Barrum lands. Regarding the previous successive claims of the Bar Barrum People, Traditional owner Glen Malthouse stated that "it is a tribute to the strength of our Elders, both past and present,
and in the face of dispossession, forced removal, and massacres we have
managed to maintain our sacred connection to our country. Achieving native title is a reminder that our traditional ways of
life and laws continue to guide us as Mbarbarum moving forward in
contemporary Australia" (Queensland Government, 2016). Details of Judgment Justice Reeves describes 6 requirements for the consent determination to be valid. These are: 1) The determination must be filed correctly [4]; 2) The Court must be notified in the proper amount of time that an agreement can be reached between the parties [8]; 3) That agreement must be related to the matter [8]; 4) The agreement must be in writing and filed with the Court [8]; 5) The Court must have the power to make the consent determination [8-11]; and
6) The agreement made between the traditional owners and other groups with an interest in or rights to the land must be an appropriate agreement [14-16].
All of these requirements were fulfilled. Some of the more detailed requirements are explained below. Requirement (3) was fulfilled in this case because the agreement reached resolves the matter and ends the dispute [8]. Requirement (5) can only be fulfilled if its own list of requirements are fulfilled [10]. These are: a) The persons or groups making the claim to native title must be named; b) The types of rights the native title will give those people must be described; c) The rights of other groups must be described; d) The relationship between native title rights and non-native title rights must be described; and e) Whether the native title owners have been handed back full ownership of certain types of land must be stated. In this case, the Bar Barrum People were not handed back full ownership. All of these requirements were fulfilled, so requirement (5) was fulfilled. Requirement (6) was fulfilled because of the very detailed evidence gathered by the Bar Barrum People and their legal counsel. This allowed them to take part in informed and free negotiations during the creation of the consent determination. This is required to create a valid consent determination. |