Hill on behalf of the Yirendali People Core Country Claim v State of Queensland [2017] FCA 273

Binomial Name: Federal Court of Australia
Date: 20 March 2017
Sub Category:Consent Determination (Native Title Act)
Place:

Flinders Shire centred around the township of Hughenden

State/Country:Queensland, Australia

Schedule A (within the Extract from the Register of Indigenous Land Use Agreements) and Schedule B respectively provide a written description and map of the determination area (see attached documents).

The area is within the jurisdiction of the Barcaldine Regional and Charters Towers Regional Councils, and the Flinders, Richmond, and Winton Shire Councils.

Legal Status:

Registered on the National Native Title Register

Legal Reference: Federal Court File No.: QUD495/2006; National Native Title Tribunal File No.: QCD2017/002
Subject Matter:Native Title
URL: http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FCA/2017/273.html?context=1;query=hill%20on%20behalf%20of%20the%20Yirendali;mask_path=au/cases/cth/FCA
Summary Information:

Between:James Hill, Martina Jacobs and Jeffrey Lammermoor on behalf of the Yirendal People (Applicant) and State of Queensland, Commonwealth of Australia, Charters Towers Regional Council and others named in the Schedule (Respondents)

Judge: Reeves J

Determination

The Yirendali People applied for this determination of native title in December 2006. There were 55 respondents, including the State of Queensland, local governments, pastoralists, and two mining companies.

The applicant was unable to fund the expense of the trial over the connection issue set for 29 June 2015 and sought leave with the Federal Court of Australia (FCA) to discontinue the proceedings.

The FCA dismissed the application and, after a case management hearing in June 2015, ordered that the trial would proceed if within 18 months (i) an Indigenous Land Use Agreement agreeing to the surrender of native title over the entire claim area was not registered on the Register of Indigenous Land Use Agreements and (ii) an agreement was not made, per s 87 of the NTA, that native title does not exist[8]-[10]. Consequently, the State and the applicant negotiated theYirendali People Claim Resolution Indigenous Land Use Agreement to settle the matter, and the applicant filed a s 87 agreement with the Court in December 2016 [14]. The ILUA provided for the surrender of native title in exchange for benefits that included land exchange and revenue sharing [13].

Justice Reeves, on 20 March 2017, was satisfied that the requirements of s 87 of the NTA were met and found it appropriate to make this determination that native title does not exist.

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

Outcomes:

Native title does not exist


Related Entries

  • Yirendali People Claim Resolution Indigenous Land Use Agreement (ILUA)
  • Windlab Development Pty Ltd and Yirendali People Indigenous Land Use Agreement (ILUA)
  • Organisation
  • National Native Title Tribunal
  • State of Queensland - Respondent
  • Commonwealth of Australia - Respondent
  • Charters Towers Regional Council - Respondent
  • Flinders Shire Council - Respondent
  • Richmond Shire Council - Respondent
  • Telstra Corporation Limited - Respondent
  • Ergon Energy Corporation Limited - Respondent
  • Australia Pacific LNG Pty Ltd - Respondent
  • Glencore Coal Queensland Pty Limited - Respondent
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • People
  • James Hill and others on behalf of the Yirendal People - Native Title Applicant
  • Yirendali People - Native Title Claimant

  • Documents

    Document
    National Native Title Extract for QCDD2017/002 as at 2/02/2023 (Yirendali People Core Country Claim) - ( PDF | PDF)

    Glossary

    Native Title (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title Registers | Aboriginal and Torres Strait Islander (Australia) | Applicant | Respondent | Consent Determination (Native Title Act 1993 (Cth)) (Australia) | Aboriginal Corporation (Australia) | Native Title Applicants | Native Title Holders (Native Title Act 1993 (Cth)) (Australia) | Registered Native Title Body Corporate (RNTBC) (Native Title Act) (Australia)