Aplin on behalf of the Waanyi Peoples v State of Queensland (No 3)

This case concerns a determination of native title by the Federal Court of Australia for the Waanyi People. The court was required to decide on the extent of the Waanyi People's native title rights and interests over certain land and waters in Queensland. The legal issues involved determining the scope of the native title claim, identifying any areas where native title had been extinguished, and clarifying the rights and interests of various stakeholders, including the State of Queensland, local councils, and pastoral lessees. The court also had to decide on the role of the Waanyi Native Title Aboriginal Corporation in managing the native title rights and interests.

The court found that the Waanyi People hold native title over the specified areas, subject to certain exclusions and the rights of other stakeholders. It determined that native title had been extinguished in areas subject to previous exclusive possession acts and in areas where permanent improvements had been made under pastoral leases. The court outlined the specific areas where native title was recognised and where it was extinguished. It also clarified the role of the Waanyi Native Title Aboriginal Corporation, stating that it would act as an agent for the Native Title Holders and perform specific functions under the Native Title Act 1993 (Cth). The court further detailed the rights and interests of various stakeholders, including the State of Queensland, local councils, pastoral lessees, and utility companies.

The final orders of the court established the Determination Area where native title is recognised, specified the exclusions and areas where native title is extinguished, and defined the role of the Waanyi Native Title Aboriginal Corporation. The orders also provided for the registration of the indigenous land use agreement and set out the consequences if the agreement was not registered within a specified period. Each party was ordered to bear their own costs.