Between: Michael Ross, Silva Blanco, James Creek, Jonathan Korkaktain, Reginald Williams, Wayne Butcher, Clarry Flinders, Philip Port, HS (deceased) on behalf of the Cape York United #1 Claim Group (Applicant) and and The State of Queensland and The Commonwealth of Australia (Respondents).
Judge: Mortimer J
The Federal Court of Australia made this native title determination by consent of the parties under 87A of the Native Title Act 1993 (Cth) (the NTA).
Native title exists in the entire determination area.
It consists of exclusive and non-exclusive native title rights and interests.
These rights and interests are exercisable in accordance with the traditional laws and customs of the native title holders and are subject to the laws of the State and Commonwealth.
Native title holders
Native title is held by the Northern Cape York #2 Native Title Holders.
For a detailed description of the group see Schedule 1 of the Court determination via the above URL link.
Exclusive native title exists in part of the determination area
Other than in relation to water, the Northern Cape York #2 Native Title Holders have the right to possession, occupation, use, and enjoyment of the area described in Part 1 of Schedule 3 as Lot 26 on SP278077 in Mapoon. The area is shown in dark blue on Sheet 2 of Schedule 5.
In relation to water, the Kuuku Ya'u People have the non-exclusive right to take the water of the area for personal, domestic, and non-commercial communal purposes
Non-exclusive native title exists over part of the determination area
Part 2 of Schedule 3 describes the non-exclusive area as being comprised of Lot 2 on WP28 near Albatross Bay and Lot 9 on CP843317 on Old Mapoon Road. The area is shown in light blue on Sheets 1 and 3 of Schedule 5 respectively.
These native title rights and interests include the right to:
- access, be present on, move about on, and travel over the area;
- live and camp in the determination area;
- hunt, fish, and gather on the land and waters of the area;
- take Natural Resources from the land and waters of the area;
- take the water of the area for personal, domestic and non-commercial communal purposes;
- be buried and to bury Native Title Holders in the area;
- maintain places of importance and areas of significance under traditional laws and customs, and protect those places from harm;
- teach on the area the physical and spiritual attributes of the area; and
- hold meetings and conduct ceremonies in the area; and
- light fires on the area for cultural, spiritual or domestic purposes, but not for the purpose of hunting or clearing vegetation.
Other (non-native title) rights and interests in the determination area include those of:
- the parties under the PNG Gas Pipeline ILUA, Mapoon Aboriginal Shire Council and Northern Cape York #2 ILUA, and Northern Cape York Group #2 and Ergon Energy ILUA;
- Telstra Corporation Limited as the owner and proprietor of telecommunications facilities in the determination area, and accompanying rights to access, install, maintain and remove telecommunication facilities in the vicinity;
- Amplitel Pty Ltd as trustee of the Towers Business Operating Trust;
- Alcan South Pacific Pty Ltd under the Alcan Agreement;
- Cook Shire Council as the local government jurisdiction under the Local Government Act 2009, and as the holder of interests in land;
- the State of Queensland, Mapoon Aboriginal Shire Council and Cook Shire Council to maintain roads and maintain Reserves;
- RTA Weipa Pty Ltd under the Comalco Agreement;
- any other rights and interests held by the State of Queensland or the Commonwealth of Australia or existing under the law of the State of Queensland or the Commonwealth; and
- any other rights and interests held by the public under the common law.
See Schedule 2 for further information about the non-native title rights and interests.
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 Mokwiri Aboriginal Corporation performs the functions required under the NTA on behalf of the Northern Cape York #2 Native Title Holders.
The native title is held in trust.
Full text of the determination is available via the URL link above.