Dodd on behalf of the Gudjala People Core Country Claim #1 v State of Queensland [2016] FCA 1506

Northern Region

Registered on the National Native Title Register

Between: Elizabeth Dodd, Andrew (Smoky) Anderson, Christine Hero, Priscilla Michelle Huen and Gloria Santo on behalf of the Gudjala People Core Country Claim #2 (Applicant) and State of Queensland, Charters Towers Regional Council, Flinders Shire Council (Respondents)

Judge: Reeves J

Determination

The Court made orders under s 87A of the Native Title Act 1993 (Cth) (the NTA) for a determination by consent that non-exclusive native title exists over parts of the determination area.

The determination area relates to a part of the remainder of the area covered by Dodd on behalf of the Gudjala People Core Country Claim #1 v State of Queensland (No 3) [2014] FCA 231 (Gudjala People Part A).

The Applicant was allowed to discontinue any remaining area of the original application that is not included in this determination.

Each party bore its own costs.

Native title exists in the entire determination area 

It consists of non-exclusive native title rights and interests.

Native title holders

Native title is held by the Gudjala People.

The non-exclusive native title exists over parts of the determination area 

These rights and interests exist over the area described in Schedule 1 and include the right to:

• access, be present on, and move about on the area.

Other (non-native title) rights and interests in the Area include those held by:

• the parties to two Indigenous Land Use Agreements (ILUAs) (the Gudjala People and Local Government ILUA and the Gudjala People and Ergon Energy ILUA);
• Ergon Energy Corporation under the Electricity Act 1994 (Qld) and the Government Owned Corporations Act 1993 (Qld);
• the State of Queensland, Charters Towers Regional Council and Flinders Shire Council under the Local Government Act 2009 (Qld), the Land Protection (Pest and Stock Route Management Act 2002 (Qld) and any other legislation, under any lease, licence, or trust of any reserve, and as owner and operator of infrastructure;
• the holders of any instrument under the Mineral Resources Act 1989 (Qld);
• public access to waterways, stock routes, and areas that were public places at the end of 31 December 1993.

For further information about the non-native title rights and interests, see Schedule 4 of the court determination (via the url link above).

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

Prescribed body corporate

The native title is not held in trust. The Ngrragoonda Aboriginal Corporation performs the functions required under the Native Title Act 1993 (Cth) on behalf of the Gudjala People.

Full text of the determination is available via the URL link above.

Background

On 18 March 2014, the Federal Court made a determination by consent that native title exists over part of the areas covered by the application area (Gudjala People Part A). Parts of that application area were affected by military orders and so held over for determination until the High Court had settled the question of extinguishment affecting military orders areas in State of Queensland v Congoo [2015] HCA 17.

Those military orders areas are covered by the application in the present case. The parties have an interest in the land and waters of the area and have applied to the Court for a determination of native title in accordance with their consent.

Details of Judgment

Since the Gudjala Part A and Part B areas are geographically close, Justice Reeves held that the evidentiary materials considered in Gudjala Part A were generally applicable here [16]. His Honour was satisfied that the parties' s 87 agreement had been entered into on a free and informed basis [16].

Being satisfied that all the conditions in s 87A of the NTA had been met, Reeves J found it appropriate to make a determination of native title consistent with the parties' proposed orders without holding a hearing [22].

Native title exists in the entire determination area 

Related Entries

Documents