David on behalf of the Torres Strait Regional Seas Claim v State of Queensland
[2022] FCA 1430
•30 November 2022
FEDERAL COURT OF AUSTRALIA
David on behalf of the Torres Strait Regional Seas Claim v State of Queensland [2022] FCA 1430
File number(s): QUD 114 of 2017
QUD 115 of 2017
QUD 10 of 2019
QUD 24 of 2019
QUD 26 of 2019
QUD 27 of 2019
QUD 227 of 2022Judgment of: MORTIMER J Date of judgment: 30 November 2022 Catchwords: NATIVE TITLE – determination of parts of native title claims by consent – determination of native title rights in sea country and some areas of land in the Torres Strait and Northern Cape York, and adjacent waters Legislation: Native Title Act 1993 (Cth), ss 61, 62A(1), 66, 67(1), 84D, 87A, 94A, 225, 253 Cases cited: Akiba on behalf of the Torres Strait Islanders of the Regional Seas Claim Group v State of Queensland (No 2) [2010] FCA 643; 204 FCR 1
Akiba on behalf of the Torres Strait Regional Sea Claim v State of Queensland [2017] FCA 1336
Akiba on behalf of the Torres Strait Regional Sea Claim v State of Queensland [2017] FCA 11
Akiba on behalf of the Torres Strait Regional Seas Claim People v State of Queensland (No 4) [2008] FCA 1446
Akiba on behalf of the Torres Strait Regional Seas Claim v State of Queensland [2019] FCA 651
Anderson on behalf of the Northern Cape York #3 Native Title Claim Group v State of Queensland [2017] FCA 830
Ashwin (on behalf of the Wutha People) v Western Australia (No 4) [2019] FCA 308; 369 ALR 1
Barunga v State of Western Australia [2011] FCA 518
Billy Patch on behalf of the Birriburu People v Western Australia [2008] FCA 944
Cheinmora v Western Australia [2013] FCA 769; Watson v Western Australia (No 6) [2014] FCA 545
Commonwealth v Akiba [2012] FCAFC 25; 204 FCR 260; Akiba v Commonwealth [2013] HCA 33; 250 CLR 209
Daniel v State of Western Australia [2005] FCA 178; 141 FCR 426
Drury on behalf of the Nanda People v State of Western Australia [2020] FCAFC 69; 276 FCR 203
Drury on behalf of the Nanda People v State of Western Australia [2018] FCA 1849
Kaurareg People v Queensland [2001] FCA 657
Mabo v Queensland (No 2) [1992] HCA 23; 175 CLR 1
Moses v State of Western Australia [2007] FCAFC 78; 160 FCR 148
Nona on behalf of the Badu People (Warral & Ului) v State of Queensland [2020] FCA 983
Nona on behalf of the Badulgal, Mualgal and Kaurareg Peoples (Warral & Ului) v State of Queensland [2020] FCA 1353
Ross on behalf of the Cape York United #1 Claim Group v State of Queensland (No 12) (Gudang Yadhaykenu determination) [2022] FCA 1177
Ross on behalf of the Cape York United #1 Claim Group v State of Queensland (No 2) [2021] FCA 1464
Samson on behalf of the Ngarluma People v State of Western Australia [2015] FCA 1438
Savage on Behalf of The Kaurareg People #1 v State of Queensland [2020] FCA 231
Sharpe v Western Australia [2013] FCA 599
Taylor on behalf of the Yamatji Nation Claim v State of Western Australia [2020] FCA 42
Woosup on behalf of the Northern Cape York Group #1 v State of Queensland (No 3) [2014] FCA 1148
Division: General Division Registry: Queensland National Practice Area: Native Title Number of paragraphs: 177 Date of hearing: Determined on the papers Counsel for the Applicant in QUD 27 of 2019 and QUD 227 of 2022: Mr G Carter Solicitor for the Applicant in QUD 27 of 2019 and QUD 227 of 2022: Dillon Bowers Solicitor for the Applicant in QUD 26 of 2019, QUD 10 of 2019 and QUD 24 of 2019: Mr J Walkley of Chalk & Behrendt Counsel for the Applicant in QUD 114 of 2017 and QUD 115 of 2017: Mr D Yarrow Solicitor for the Applicant in QUD 114 of 2017 and QUD 115 of 2017: Cape York Land Council Aboriginal Corporation Solicitor for the State of Queensland: Ms A Olsen of Crown Law Queensland Solicitor for the Commonwealth of Australia and the Australian Maritime Safety Authority: Ms M King of Australian Government Solicitor ORDERS
QUD 27 of 2019 BETWEEN: LUI NED DAVID & ORS ON BEHALF OF THE SEA CLAIM APPLICANT (PART B)
Applicant
AND: STATE OF QUEENSLAND and others named in the Schedule
Respondents
QUD 26 of 2019
BETWEEN: MILTON SAVAGE & ORS ON BEHALF OF THE KAURAREG PEOPLE #1
Applicant
AND: STATE OF QUEENSLAND and others named in the Schedule
Respondents
QUD 10 of 2019 BETWEEN: MILTON SAVAGE & ORS ON BEHALF OF THE KAURAREG PEOPLE #2
Applicant
AND: STATE OF QUEENSLAND and others named in the Schedule
Respondents
QUD 24 of 2019 BETWEEN: MILTON SAVAGE & ORS ON BEHALF OF THE KAURAREG PEOPLE #3
Applicant
AND: STATE OF QUEENSLAND and others named in the Schedule
Respondents
QUD 114 of 2017 BETWEEN: BERNARD RICHARD CHARLIE & ORS ON BEHALF OF THE NORTHERN PENINSULA SEA CLAIM GROUP
Applicant
AND: STATE OF QUEENSLAND and others named in the Schedule
Respondents
QUD 115 of 2017 BETWEEN: BERNARD RICHARD CHARLIE & ORS ON BEHALF OF THE NORTH EASTERN PENINSULA SEA CLAIM GROUP
Applicant
AND: STATE OF QUEENSLAND and others named in the Schedule
Respondents
QUD 227 of 2022 BETWEEN: LUI NED DAVID & ORS ON BEHALF OF THE TORRES STRAIT REGIONAL SEAS CLAIM (PART C)
Applicant
AND: STATE OF QUEENSLAND and others named in the Schedule
Respondents
ORDER MADE BY:
MORTIMER J
DATE OF ORDER:
30 NOVEMBER 2022
THE COURT NOTES THAT:
A.The Applicant in proceeding QUD26/2019 has made an application for a determination of native title (Kaurareg #1 Application).
B.The Applicant in proceeding QUD10/2019 has made an application for a determination of native title (Kaurareg #2 Application).
C.The Applicant in proceeding QUD24/2019 has made an application for a determination of native title (Kaurareg #3 Application).
D.The Applicant in proceeding QUD114/2017 has made an application for a determination of native title (Northern Peninsula Application).
E.The Applicant in proceeding QUD115/2017 has made an application for a determination of native title (North Eastern Peninsula Application).
F.The Applicant in proceeding QUD27/2019 has made an application for a determination of native title (TSRSC Part B Application).
G.The Applicant in proceeding QUD227/2022 has made an application for a determination of native title (TSRSC Part C Application).
H.As part of the case management timetable annexed to the Court’s orders of 27 July 2020, the land and waters covered by the Kaurareg #1 Application, the Kaurareg #2 Application, the Kaurareg #3 Application, the Northern Peninsula Application, the North Eastern Peninsula Application, and the TSRSC Part B Application, taken together, were discretely defined as the Western Overlap Area, the Eastern Overlap Area, and the Southern Overlap Area. By orders made on 11 August 2022, the case management timetable was amended to include the TSRSC Part C Application.
I.Parts of the Kaurareg #1 Application, the Kaurareg #3 Application, the TSRSC Part B Application and the TSRSC Part C Application overlap and are within the Western Overlap Area.
J.Parts of the Kaurareg #1 Application, the TSRSC Part B Application and the North Eastern Peninsula Application overlap and are within the Eastern Overlap Area.
K.The whole of the Northern Peninsula Application, and parts of the Kaurareg #2 Application, and the Kaurareg #3 Application overlap and are within the Southern Overlap Area to the west of Cape York.
L.Parts of the North Eastern Peninsula Application, parts of the TSRSC Part B Application and parts of the TSRSC Part C Application overlap and are within the Southern Overlap Area to the east of Cape York.
M.On 8 November 2022, the Court made orders under section 67(1) of the Native Title Act 1993 (Cth) in respect of the Kaurareg #1 Application, the Kaurareg #2 Application, the Kaurareg #3 Application, the Northern Peninsula Application, the North Eastern Peninsula Application, the TSRSC Part B Application, and the TSRSC Part C Application, providing for them to be dealt with together.
N.By orders made on 8 November 2022, the area covered by the Northern Peninsula Application was administratively separated into:
(a)Part A, being onshore areas (Northern Peninsula Application (Part A)); and
(b)Part B, being offshore areas (Northern Peninsula Application (Part B)).
O.By orders made on 8 November 2022, the area covered by the North Eastern Peninsula Application was administratively separated into:
(a)Part A, being onshore areas (North Eastern Peninsula Application (Part A)); and
(b)Part B, being offshore areas (North Eastern Peninsula Application (Part B)).
P.This determination covers parts of the land or waters covered respectively by the Kaurareg #1 Application, the Kaurareg #2 Application, the Kaurareg #3 Application, the Northern Peninsula Application (Parts A and B), the North Eastern Peninsula Application (Parts A and B), the TSRSC Part B Application, and the TSRSC Part C Application.
Q.In relation to the Kaurareg #1 Application, the parties have agreed that:
(a)the application is to be dismissed to the extent that it covers any land or waters within the Gudang Yadhaykenu Area or the Kulkalgal and Kemer Kemer Meriam Area, as those areas are defined in order 9 below; and
(b)no determination is to be made at present in respect of the balance of the land or waters covered by the application.
R.In relation to the Kaurareg #2 Application, the parties have agreed that:
(a)the application is to be dismissed to the extent that it covers any land or waters within:
(i)the Ankamuthi Area, the Gudang Yadhaykenu Area or the Kulkalgal and Kemer Kemer Meriam Area, as those areas are defined in order 9 below; or
(ii)the balance of the land and waters in the Northern Peninsula Application (Parts A and B) and North Eastern Peninsula Application (Parts A and B); and
(b)other than the land and waters within the Kaurareg Area, no determination is to be made at present in respect of the balance of the land or waters covered by the application.
S.In relation to the Kaurareg #3 Application, the parties have agreed that:
(a)the application is to be dismissed to the extent that it covers any land or waters within:
(i)the Ankamuthi Area, the Gudang Yadhaykenu Area or the Kulkalgal and Kemer Kemer Meriam Area, as those areas are defined in order 9 below; or
(ii)the balance of the land and waters in the Northern Peninsula Application (Parts A and B) and North Eastern Peninsula Application (Parts A and B); and
(b)no determination is to be made at present in respect of the balance of the land or waters covered by the application.
T.In relation to the North Eastern Peninsula Application, the parties have agreed that:
(a)the application is to be dismissed to the extent that it covers any land or waters within the Kulkalgal and Kemer Kemer Meriam Area that are not also within the Gudang Yadhaykenu Area, as those areas are defined in order 9 below;
(b)a determination of native title is to be made for the Gudang Yadhaykenu Area; and
(c)no determination is to be made at present in respect of the balance of the land or waters covered by the application.
U.The parties have agreed that, in respect of the balance of the land or waters described in Schedule 6 and covered by the Kaurareg #2 Application, the Northern Peninsula Application (Parts A and B), the North Eastern Peninsula Application (Parts A and B), the TSRSC Part B Application and the TSRSC Part C Application, no determination is to be made at present.
V.The parties have filed in the Court agreements in writing made pursuant to section 87A of the Native Title Act 1993 (Cth), in respect of the Kaurareg #1 Application, the Kaurareg #2 Application, the Kaurareg #3 Application, the Northern Peninsula Application (Parts A and B), the North Eastern Peninsula Application (Parts A and B), the TSRSC Part B Application, and the TSRSC Part C Application.
BEING SATISFIED that an order in the terms set out below is within the power of the Court, and it appearing appropriate to the Court to do so, pursuant to s 87A of the Native Title Act 1993 (Cth) (NTA)
THE COURT ORDERS THAT:
1.There be a determination of native title in the terms proposed in these orders, despite any actual or arguable defect in the authorisation of the applicant in QUD 26 of 2019, QUD 10 of 2019, QUD 24 of 2019 or QUD 115 of 2017 to seek and agree to a consent determination pursuant to s 87A of the Native Title Act 1993 (Cth).
BY CONSENT THE COURT ORDERS THAT:
1.There be a determination of native title in the terms set out below (the determination).
2.The Kaurareg #1 Application is dismissed to the extent that it covers any land or waters that are within the Gudang Yadhaykenu Area or the Kulkalgal and Kemer Kemer Meriam Area, as those areas are defined in order 9 below.
3.The Kaurareg #2 Application is dismissed to the extent that it covers any land or waters that are within the:
(a)Ankamuthi Area, the Gudang Yadhaykenu Area, or the Kulkalgal and Kemer Kemer Meriam Area, as those areas are defined in order 9 below; or
(b)the balance of the land and waters in the Northern Peninsula Application (Parts A and B) and North Eastern Peninsula Application (Parts A and B).
4.The Kaurareg #3 Application is dismissed to the extent that it covers any land or waters that are within:
(a)the Ankamuthi Area, the Gudang Yadhaykenu Area, or the Kulkalgal and Kemer Kemer Meriam Area, as those areas are defined in order 9 below; or
(b)the balance of the land and waters in the Northern Peninsula Application (Parts A and B) and North Eastern Peninsula Application (Parts A and B).
5.The North Eastern Peninsula Application is dismissed to the extent that it covers any land or waters within the Kulkalgal and Kemer Kemer Meriam Area that are not also within the Gudang Yadhaykenu Area, as those areas are defined in order 9 below.
6.Each party to the proceeding is to bear its own costs.
BY CONSENT THE COURT DETERMINES THAT:
7.In this determination, unless the contrary intention appears:
“Animal” means any member of the animal kingdom (other than human), whether alive or dead;
“External Boundary” means the area described in Part 1 of Schedule 4;
“Group Areas” means an area of land and waters defined in Order 9;
"High Water Mark" means the ordinary high-water mark at spring tides;
"land" and “waters” respectively, have the same meanings as in the Native Title Act 1993 (Cth);
"Laws of the State and the Commonwealth" means the common law and the laws of the State of Queensland and the Commonwealth of Australia, and includes legislation, regulations, statutory instruments, local planning instruments and local laws;
“Local Government Act” has the meaning given in the Local Government Act 2009 (Qld);
“Local Government Area” has the meaning given in the Local Government Act 2009 (Qld);
“Native Title Groups” means the groups of common law holders defined in Order 12;
“Native Title Holder” has the same meaning as in the Native Title Act 1993 (Cth);
"Natural Resources" means:
(a) any Animals and Plants found on or in the lands and waters of the Determination Area; and
(b) any clays, soil, sand, gravel or rock found on or below the surface of the Determination Area,
(c) but does not include:
i. Animals that are the private personal property of another;
ii. crops that are the private personal property of another; and
iii. minerals as defined in the Mineral Resources Act 1989 (Qld); or
iv. petroleum as defined in the Petroleum Act 1923 (Qld) and the Petroleum and Gas (Production and Safety) Act 2004 (Qld);
“Plant” means any member of the plant or fungus kingdom, whether alive or dead and standing or fallen;
"Water" means:
(a) water which flows, whether permanently or intermittently, within a river, creek or stream;
(b) any natural collection of water, whether permanent or intermittent;
(c) water from an underground water source; and
(d) tidal water.
Other words and expressions used in this determination have the same meanings as they have in Part 15 of the Native Title Act 1993 (Cth).
8.The Determination Area is the land and waters described in Schedule 5 and depicted in Map 1 of Schedule 7 to the extent those areas are within the External Boundary (as described in Part 1 of Schedule 4), and not otherwise excluded by the terms of Schedule 6. To the extent of any inconsistency between the written description and the map, the written description prevails.
9.The Determination Area is comprised of the following Group Areas:
(a)the Kaurareg Area, being the land and waters described in Schedule 5 and depicted in Map 2 of Schedule 7 to the extent those areas are within the External Boundary of the Kaurareg Area as described in Part 2 of Schedule 4, and not otherwise excluded by the terms of Schedule 6;
(b)the Ankamuthi Area, being the land and waters described in Schedule 5 and depicted in Map 3 of Schedule 7 to the extent those areas are within the External Boundary of the Ankamuthi Area described in Part 3 of Schedule 4, and not otherwise excluded by the terms of Schedule 6;
(c)the Gudang Yadhaykenu Area, being the land and waters described in Schedule 5 and depicted in Map 4 of Schedule 7 to the extent those areas are within the External Boundary of the Gudang Yadhaykenu Area as described in Part 4 of Schedule 4, and not otherwise excluded by the terms of Schedule 6;
(d)the Kulkalgal and Kemer Kemer Meriam Area, being the land and waters described in Schedule 5 and depicted in Map 5 of Schedule 7 to the extent those areas are within the External Boundary of the Kulkalgal and Kemer Kemer Meriam Area as described in Part 5 of Schedule 4, and not otherwise excluded by the terms of Schedule 6.
10.To the extent of any inconsistency between the written descriptions and the maps referred to in order 9 above, the written description prevails.
11.Native title exists in each of the Group Areas within the Determination Area.
12.Native title is held in each of the Group Areas within the Determination Area by one or more of the following Native Title Groups:
(a)the Kaurareg People, as defined in Section A of Schedule 1;
(b)the Ankamuthi People, as defined in Section B of Schedule 1;
(c)the Gudang Yadhaykenu People, as defined in Section C of Schedule 1;
(d)Kulkalgal, as defined in Section D of Schedule 1;
(e)Kemer Kemer Meriam, as defined in Section E of Schedule 1.
13.Native title in relation to each Group Area listed in order 9 above is held by the respective Native Title Group or Groups in accordance with Schedule 2.
14.Subject to orders 16, 17 and 18 below, the nature and extent of the native title rights and interests held by each Native Title Group in relation to the land and waters of their respective part or parts of the Determination Area described in Part 1 of Schedule 5, are:
(a)other than in relation to Water, the right to possession, occupation, use and enjoyment of the area to the exclusion of all others; and
(b)in relation to Water, the non-exclusive rights to:
(i)hunt, fish and gather from the Water of the area;
(ii)take and use the Natural Resources of the Water in the area; and
(iii)take and use the Water of the area,
for personal, domestic and non-commercial communal purposes.
15.Subject to orders 16, 17 and 18 below, the nature and extent of the native title rights and interests held by each Native Title Group in relation to the land and waters of their respective part or parts of the Determination Area described in Part 2 of Schedule 5, are the non-exclusive rights to:
(a)access, to remain in and to use the area;
(b)access resources and to take for any purpose, resources in the area;
(c)maintain places of importance and areas of significance to the Native Title Holders under their traditional laws and customs on the area and protect those places and areas from harm;
(d)be accompanied on to the area by those persons who, though not Native Title Holders, are:
(i)Spouses of Native Title Holders;
(ii)people who are members of the immediate family of a Spouse of a Native Title Holder; or
(iii)people reasonably required by the Native Title Holders under traditional law and custom for the performance of ceremonies or cultural activities on the area.
16.The native title rights and interests of each Native Title Group are subject to and exercisable in accordance with:
(a)the Laws of the State and the Commonwealth; and
(b)the traditional laws acknowledged and traditional customs observed by the respective Native Title Group.
17.The native title rights and interests referred to in orders 14(b) and 15 above do not confer possession, occupation, use or enjoyment to the exclusion of all others.
18.There are no native title rights in or in relation to minerals as defined by the Mineral Resources Act 1989 (Qld) and petroleum as defined by the Petroleum Act 1923 (Qld) and the Petroleum and Gas (Production and Safety) Act 2004 (Qld).
19.The nature and extent of any other interests in relation to the Determination Area (or respective parts thereof) are set out in Schedule 3.
20.The relationship between the native title rights and interests described in orders 14 and 15 above and the other interests described in Schedule 3 (the Other Interests) is that:
(a)the Other Interests continue to have effect, and the rights conferred by or held under the Other Interests may be exercised notwithstanding the existence of the native title rights and interests;
(b)to the extent the Other Interests are inconsistent with the continued existence, enjoyment or exercise of the native title rights and interests in relation to the land and waters of the Determination Area, the native title continues to exist in its entirety but the native title rights and interests have no effect in relation to the Other Interests to the extent of the inconsistency for so long as the Other Interests exist; and
(c)the Other Interests and any activity that is required or permitted by or under, and done in accordance with, the Other Interests, or any activity that is associated with or incidental to such an activity, prevail over the native title rights and interests and any exercise of the native title rights and interests.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
LIST OF SCHEDULES
Schedule 1 – Native Title Groups
Schedule 2 – Description of which Group Areas are held by each Native Title Group
Schedule 3 – Other Interests in the Determination Area
Schedule 4 – External Boundariesxxii
Schedule 5 – Description of Determination Areas
Schedule 6 – Areas Not Forming Part of the Determination Area
Schedule 7 – Maps of Determination AreaSCHEDULE 1 – NATIVE TITLE GROUPS
Section A: Kaurareg People
The Kaurareg People are the descendants of the Kaurareg People who were the traditional owners of the Kaurareg Area prior to the assertion of British sovereignty.
Section B: Ankamuthi People
The Ankamuthi People are the persons descended by birth or adoption from the following apical ancestors:
(a) Woobumu and Inmare;
(b) Bullock (father of Mamoose Pitt, husband of Rosie/Lena Braidley);
(c) Charlie Mamoose (father of Silas, Larry, Johnny and Harry Mamoose);
(d) Charlie Seven River;
(e) Toby Seven River (father of Jack Toby);
(f) Asai Charlie;
(g) Sam and Nellie (parents of George Stephen);
(h) Mammus/Mamoos/Mark/Mamoose plus his siblings Peter and Elizabeth;
(i) Charlie Maganu (husband of Sarah McDonnell);
(j) Polly (wife of Wautaba Charlie Ropeyarn).
Section C: Gudang Yadhaykenu People
The Gudang Yadhaykenu People are those Aboriginal persons who are descended by birth, or adoption in accordance with the traditional laws acknowledged and the traditional customs observed by the Gudang Yadhaykenu People, from one or more of the following apical ancestors:
(a) Wymarra (Wymara Outaiakindi);
(b) Tchiako (aka Chaiku/Chakoo) & Baki (siblings);
(c) Peter Padhing Pablo;
(d) Mathew Charlie Gelapa;
(e) Annie Blanco;
(f) Ila-Ela;
(g) Woonduinagrun & Tariba (parents of Tom Redhead);
(h) Charlotte (spouse of Billy Doyle and Wilson Ware);
(i) Pijame and Daudi (sisters);
(j) Mother of Thompson Olwinjinkwi;
(k) Nara Jira Para.
Section D: Kulkalgal
(1)Kulkalgal is a collective term for the following island communities:
(a)Iamalgal (Iama);
(b)Masigalgal (Masig);
(c)Porumalgal (Poruma); and
(d)Warraberalgal (Warraber).
(2)The members of the island communities referred to in (1) above are, respectively, the descendants of:
(a)Iamalgal – Kebisu, Rusia, Ausa, Auda, Porrie Daniel, Gawadi, Kelam;
(b)Masigalgal – Aclan, Alau Messiah, Apelu, Asiah Messiah, Auara, Gewe Jack, Kudin, Ikasa, Maudar, Sidmu, Seregay, Tabu, Wabu;
(c)Porumalgal – Laieh, Gauid, Kalai, Wawa, Mapoo; and
(d)Warraber – Gagabe, Wawa, Mapoo, Baki, Ulud.
Section E: Kemer Kemer Meriam
(1)Kemer Kemer Meriam is a collective term for the following island communities:
(a)Meriam Le (Mer);
(b)Erubam Le (Erub); and
(c)Ugarem Le (Ugar).
(2)The members of the island communities referred to in (1) above are, respectively, the descendants of:
(a)Meriam Le – Kopam, Naisi, Sibari, Koiop, Ano, Apap, Kaidam, Dabor, Masig, Nipuri, Sogoi, Wada, Busei, Bauba, Kebekut, Dudei, Awas, Malo, Odoro, Barigud, Taroa, Diri, Sakauber, Mogar, Kopam, Maki/Salgar, Kebei, Wasalgi, Udai, Komagaigai, Gaidan, Wamo, Eba/Matul, Madi, Maber/Garau, Maii, Pagem/Naii, Paipa, Siboko, Bina, Bade/Bagari, Zaiar, Kuniam, Kober, Koim, Sipo, Sesei/Mokar, Marau/Daueme, Galeka, Mabo, Lag, Mele, Toik, Urpi, Keisur, Soroi, Ekai, Mononi/Babi, Darima, Tagai, Beiro, Geigi, Nosarem, Mano, Kogikep,Opiso, Polpol, Kawiri, Geigi, Sawi, Serib, Nunu, Imai, Kadal, Enemi, Aiwa, Emeni, Koit, Namu, Kauta, Balozi, Geigi, Daugiri;
(b)Erubam Le – Amani, Odi (I), Saimo, Narmalai, Nazir Mesepa, Meo, Deri, Ape, Odi (II), Demag, Rebes, Buli, Damui, Baigau, Dako, Malili, Nazir, Bambu, Dobam, Bobok, Nokep, Wadai, Arkerr Malili, Aukapim, Isaka, Kaigod, Kapen, Petelu, Ale, Epei, Bailat, Ema, Boggo Epei, Ikob, Annai, Eti, Aib, Wagai, Gedor, Dabad, Nazir, Kaupa, Nanai Pisupi, Sagiba, Nuku Idagi, Diwadi, Gewar, In, Aukapim, Timoto, Suere, Gemai, Pagai, Pai, Kapen, Kapen Kuk, Spia, Konai, Ani, Morabisi, Koreg, Kuri, Damu, Wasi, Gi, Mamai, Sesei (I), Kakai, Sesei (II), Sida, Maima, Wakaisu, Whaleboat, Supaiya, Tau, Ulud, Waisie, Wasada, Wimet, Mogi, Yart, Ziai, Assau, Oroki, Zib, Nazir, Gaiba; and
(c)Ugarem Le – Janny, Maima, Baniam, Jack Oroki.
SCHEDULE 2 – DESCRIPTION OF WHICH GROUP AREAS ARE HELD BY EACH NATIVE TITLE GROUP
[See Order 13]
The native title in relation to each Group Area of the Determination Area listed in Column 1 (whose description is referenced in Column 2 and map referenced in Column 3) is held by the respective Native Title Group or Groups listed in Column 4 (whose description is referenced in Column 5) for that respective Group Area.
Group Area
Group Area Description
Group Area Map
Native Title Group/s
Native Title Group Description/s
Kaurareg Area
Order 9(a)
Map 2, Schedule 7
Kaurareg People
Section A, Schedule 1
Ankamuthi Area
Order 9(b)
Map 3, Schedule 7
Ankamuthi People
Section B, Schedule 1
Gudang Yadhaykenu Area
Order 9(c)
Map 4, Schedule 7
Gudang Yadhaykenu People
Section C, Schedule 1
Kulkalgal and Kemer Kemer Meriam Area
Order 9(d)
Map 5, Schedule 7
Kulkalgal and Kemer Kemer Meriam (jointly)
Sections D and E, Schedule 1
SCHEDULE 3 – OTHER INTERESTS IN THE DETERMINATION AREA
The nature and extent of the other interests in relation to the Determination Area are the following as they exist as at the date of the determination.
1.The international right of innocent passage through the territorial sea.
2.The rights and interests of the parties under the Northern Cape York and Torres United Customary Rights and Permanent Arrangements Agreement signed on or before 12:00pm on 28 November 2022.
3.The rights and interests of the Commonwealth of Australia:
(a)in the West Cape York Marine Park, as defined by Part 8 of Schedule 3 of the Environment Protection and Biodiversity Conversation (Commonwealth Marine Reserves) Proclamation 2013 (Cth);
(b)in the management of the West Cape York Marine Park, as set out in the Environment Protection and Biodiversity Conservation (Commonwealth Marine Reserves) Proclamation 2013 (Cth), including the rights and interests of the Director of National Parks; and
(c)under the Environment Protection and Biodiversity Conservation Act 1999 (Cth), Environment Protection and Biodiversity Conservation Regulations 2000 (Cth), and North Marine Parks Network Management Plan 2018 in relation to the West Cape York Marine Park, including the rights and interests of the Director of National Parks.
4.The rights and interests of the Commonwealth of Australia:
(a)in the Coral Sea Marine Park, as defined by Schedule 4 of the Environment Protection and Biodiversity Conversation (Commonwealth Marine Reserves) Proclamation 2013 (Cth);
(b)in the management of the Coral Sea Marine Park, as set out in the Environment Protection and Biodiversity Conservation (Commonwealth Marine Reserves) Proclamation 2013 (Cth), including the rights and interests of the Director of National Parks; and
(c)under the Environment Protection and Biodiversity Conservation Act 1999 (Cth), Environment Protection and Biodiversity Conservation Regulations 2000 (Cth), and Coral Sea Management Plan 2018 in relation to the Coral Sea Marine Park, including the rights and interests of the Director of National Parks.
5.The rights and interests of the Australian Fisheries Management Authority in relation to plans of management made under the Fisheries Management Act 1991 (Cth) and the Torres Strait Fisheries Act 1984 (Cth), including for the Western Tuna and Billfish Fishery, Eastern Tuna and Billfish Fishery, Western Skipjack Fishery, Northern Prawn Fishery, Southern Bluefin Tuna Fishery, Torres Strait Beche-de-mer Fishery, Torres Strait Crab Fishery, Torres Strait Dugong Fishery, Torres Strait Finfish Fishery, Torres Strait Tropical Rock Lobster Fishery, Torres Strait Pearl Shell Fishery, Torres Strait Prawn Fishery, Torres Strait Trochus Fishery, Torres Strait Turtle Fishery, and Torres Strait Spanish Mackerel Fishery.
6.The rights and interests of the Great Barrier Reef Marine Park Authority and any other person existing by reason of the force of operation of:
(a)the Great Barrier Reef Marine Park Act 1975 (Cth);
(b)the Great Barrier Reef Marine Park Regulations 2019 (Cth);
(c)the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004 (Cth); and
(d)the Great Barrier Reef Marine Park Zoning Plan 2003 (Cth).
7.The rights and interests of the Australian Maritime Safety Authority as the owner, manager and/or operator of aids to navigation pursuant to section 190 of the Navigation Act 2012 (Cth) and in performing the functions of the Authority under section 6(1) of the Australian Maritime Safety Act 1990 (Cth) including to be a national marine safety regulator, to combat pollution in the marine environment and to provide a search and rescue service; and in particular as the owner, manager and/or operator of the following aids to navigation:
(a)the Gannet Passage Buoy (AN256) located at 10°35.4860' S; 141°52.4110' E;
(b)Gannet Passage WaveRider Buoy (AN606) located 10°35.4100' S; 141°52.1800' E;
(c)Larpent Bank Buoy (AN560) located 10°34.7089' S; 142°04.3541' E;
(d)Pullar Rock Buoy (AN180) located 10°30.4400' S; 142°15.5900' E;
(e)Herald Patches Buoy (AN301) located 10°30.1620' S; 142°21.5050' E;
(f)Mecca Reef Buoy (AN306) located 10°32.3250' S; 142°10.1420' E;
(g)Quetta Rock Buoy located 10°40.2500' S; 142°37.5000' E;
(h)Nardana Patches (AN307) Buoy located at 10°30.2850' S; 142°14.6290' E;
(i)Alert Patches aid to navigation (AN300) located at 10°29.8060' S; 142°21.1690' E;
(j)Alert Patches North Buoy (AN607) located at 10°473587’ S; 142°376642’ E;
(k)Harrison Rock Buoy located at 10°33.2140' S; 142°7.9570' E;
(l)Varzin Passage C1 (AN331) located at 10°32.4030' S ; 141°52.1650' E;
(m)Varzin Passage C2 (AN332) located at 10°32.1681' S; 141°51.9498' E;
(n)Varzin Passage C3 (AN333) located at 10°31.9110' S; 141°56.0649' E;
(o)Varzin Passage C4 (AN334) located at 10°31.5231' S; 141°56.7908' E;
(p)Varzin Passage WaveRider Buoy (AN599) located at 10°31.00000' S; 141°57.0000' E.
8.The rights and interests of the Australian Institute of Marine Science, pursuant to its powers and functions under the Australian Institute of Marine Science Act 1972 (Cth) as the owner, manager or operator of the weather station located at coordinates 10°55.4806’ S; 142°25.2531’ E.
9.The rights and interests of Far North Queensland Ports Corporation Limited (trading as Ports North) ACN 131 836 014 as the port authority for the Port of Kennedy (Thursday Island) and the Port of Skardon River and the provider of port services under Chapter 8 of the Transport Infrastructure Act 1994 (Qld) and under the Transport Infrastructure (Ports) Regulation 2016 (Qld).
10.The rights and interests of the Torres Shire Council, Torres Strait Island Regional Council, Northern Peninsula Area Regional Council and Cook Shire Council under the Local Government Act and Local Government Regulations 2012 (Qld) for the respective parts of their Local Government Areas.
11.The rights and interests granted or available to RTA Weipa Pty Ltd (ACN 137 266 285), Rio Tinto Aluminium Limited (ACN 009 679 127) (and any successors in title) under the Comalco Agreement, including, but not limited to, rights and interests in relation to the “bauxite field” (as defined in clause 1 of the Comalco Agreement) and areas adjacent to or in the vicinity or outside of such bauxite field, where:
(a)"Comalco Act" means the Commonwealth Aluminium Corporation Pty Limited Agreement Act 1957 (Qld); and
(b)"Comalco Agreement" means the agreement in Schedule 1 to the Comalco Act, including as amended in accordance with such Act.
12.The rights and interests of the holders of any authority, permit, lease, licence or quota issued under the Fisheries Management Act 1991 (Cth) and the Torres Strait Fisheries Act 1984 (Cth), including for the Western Tuna and Billfish Fishery, Eastern Tuna and Billfish Fishery, Western Skipjack Fishery, Northern Prawn Fishery, Southern Bluefin Tuna Fishery, Torres Strait Beche-de-mer Fishery, Torres Strait Crab Fishery, Torres Strait Dugong Fishery, Torres Strait Finfish Fishery, Torres Strait Tropical Rock Lobster Fishery, Torres Strait Pearl Shell Fishery, Torres Strait Prawn Fishery, Torres Strait Trochus Fishery, Torres Strait Turtle Fishery, and Torres Strait Spanish Mackerel Fishery.
13.The rights and interests of the State of Queensland or any other person existing by reason of the force and operation of the laws of the State of Queensland, including those existing by reason of the following legislation or any regulation, statutory instrument, declaration, plan, authority, permit, lease or licence made, granted, issued or entered into under that legislation:
(a)the Fisheries Act 1994 (Qld);
(b)the Land Act 1994 (Qld);
(c)the Nature Conservation Act 1992 (Qld);
(d)the Forestry Act 1959 (Qld);
(e)the Water Act 2000 (Qld);
(f)the Petroleum Act 1923 (Qld) or Petroleum and Gas (Production and Safety) Act 2004 (Qld);
(g)the Mineral Resources Act 1989 (Qld);
(h)the Planning Act 2016 (Qld);
(i)the Transport Infrastructure Act 1994 (Qld);
(j)the Fire and Emergency Services Act 1990 (Qld) or Ambulance Service Act 1991 (Qld);
(k)the Marine Parks Act 2004 (Qld);
(l)the Coastal Protection and Management Act 1995 (Qld);
(m)the Transport Operations (Marine Safety) Act 1994 (Qld); and
(n)the Transport Operations (Marine Pollution) Act 1995 (Qld).
14.The rights and interests of members of the public arising under the common law, including but not limited to the following:
(a)any subsisting public right to fish; and
(b)the public right to navigate.
15.So far as confirmed pursuant to s 212(2) of the Native Title Act 1993 (Cth) and s 18 of the Native Title (Queensland) Act (1993) (Qld) as at the date of this determination, any existing rights of the public to access and enjoy the following places in the Determination Area:
(a)waterways;
(b)beds and banks or foreshores of waterways;
(c)coastal waters;
(d)beaches; or
(e)areas that were public places at the end of 31 December 1993.
16.Any other rights and interests:
(a)held by the State of Queensland or Commonwealth of Australia; or
(b)existing by reason of the force and operation of the Laws of the State and the Commonwealth.
SCHEDULE 4 – EXTERNAL BOUNDARIES
Part 1 – External boundary of Determination Area
The determination area falls within the external boundary described as:
Commencing at the intersection of the southern boundary of Native Title Determination QUD6040/2001 Torres Strait Regional Sea Claim (QCD2010/003) with the eastern boundary of the Torres Shire Council Local Government Authority and extending generally southerly along the eastern boundaries of that Local Government Authority and the Cook Shire Council Local Government Authority to the northern boundary of the Wuthathi Traditional Use of Marine Resources Agreement (TUMRA) Region Schedule 2 as defined by the Great Barrier Reef Marine Park Authority at approximate Latitude 11.367295° South; then generally north westerly and generally south westerly along northern boundaries of that Marine Resource Agreement Area, approximated by the following coordinate points:
Longitude (East) Latitude (South) 143.947742 11.361270 143.817141 11.309404 143.804758 11.309404 143.784275 11.298920 143.743375 11.397887 143.750958 11.477620 143.741208 11.484770 143.718592 11.548053 143.679808 11.593737 143.637692 11.604453 143.624542 11.622970 143.620474 11.628697
Then due west to the High Water Mark (at Captain Billy Landing); then generally northerly along that High Water Mark to an eastern corner of Lot 26 on NPW404 (about 520m south of Hunter Point), being a point on the external boundary of Area 1 of Native Title Determination QUD157/2011 Northern Cape York Group #1 (QCD2014/017); then generally northerly, generally westerly, generally north easterly, generally north westerly and generally south westerly along the external boundary of that native title determination to a point on the High Water Mark of the mainland at approximate Longitude 142.439405° East, Latitude 10.707819° South (being a point on the High Water Mark at Peak Point, about 17km north east of Seisia); then north westerly to Longitude 142.414081° East, Latitude 10.666402° South; then generally south westerly passing through the following coordinate points:
Longitude (East) Latitude (South) 142.411903 10.668136 142.407844 10.673561 142.405037 10.677602 142.400576 10.682504 142.395774 10.688253 142.391352 10.692639 142.384337 10.697673 142.382409 10.698764 142.368509 10.707439 142.366603 10.709057 142.361855 10.713892 142.359494 10.718169 142.343228 10.737603 142.334049 10.744291 142.332680 10.745314 142.324454 10.749383 142.319898 10.751406 142.314894 10.753420 142.306344 10.758448 142.302799 10.761454 142.299704 10.763950 142.295274 10.766929 142.288664 10.771372 142.283853 10.774809 142.277315 10.779202 142.269496 10.784048 142.257421 10.791251 142.250963 10.794583 142.243968 10.796463 142.233509 10.799272 142.223934 10.801599 142.216910 10.802512 142.213401 10.802967 142.202712 10.806688 142.182017 10.811269 142.157412 10.815331 142.148220 10.817764
Then south easterly to approximate Longitude 142.207696° East, Latitude 10.915040° South (being a point on the High Water Mark of the mainland at Van Spoult Head); then generally south westerly and generally southerly along that High Water Mark, crossing the mouths of any waterways between the seaward extremities of each of the opposite banks of each such waterway, to the intersection of the southern boundary of Lot 1 on SP120090 with the mouth of the Skardon River casement; then west to the intersection of a 30 kilometre buffer seaward from the High Water Mark of the mainland with Latitude 11.753658° South; then generally northerly along that 30 kilometre buffer to the intersection of the line joining Longitude 141.825674° East, Latitude 10.889081° South and Longitude 141.875261° East, Latitude 10.876652° South; then north easterly and generally northerly passing through the following coordinate points:
Longitude (East) Latitude (South) 141.875261 10.876652 141.893459 10.872617 141.898407 10.871008 141.894219 10.862271 141.847682 10.744509 141.834538 10.696874 141.829324 10.655291 141.829388 10.622364 141.834738 10.592893
Then north easterly to a corner of Native Title Determination QUD6040/2001 Torres Strait Regional Sea Claim (QCD2010/003) at approximate Longitude 141.854566° East, Latitude 10.556823° South; then generally easterly passing through the following coordinate points:
Longitude (East) Latitude (South) 142.134470 10.556816 142.201137 10.511814 142.251138 10.508479 142.276138 10.500145
Then easterly to again a corner of Native Title Determination QUD6040/2001 Torres Strait Regional Sea Claim (QCD2010/003) at approximate Longitude 142.539358° East, Latitude 10.500147° South and then easterly along the southern boundary of that native title determination back to the commencement point.
Exclusions
This determination area does not include land and waters subject to:
·Raine Island National Park (Scientific) Indigenous Land Use Agreement (QI2006/044) as registered by the NNTT on 13 August 2007.
·Mining Lease ML 7024.
·Comalco Indigenous Land Use Agreement (QIA2001/002) as registered with the NNTT on 24 August 2001.
·Native title determination application QUD24/2019 Kaurareg People #3 filed in the Federal Court of Australia on 30 August 2010.
·All the area above High Water Mark (HWM) of Prince of Wales Island, Horn Island, Port Lihou Island, Tarilag Island and Zuna Island.
For the avoidance of any doubt, the Determination Area excludes any area subject to:
·Native title determination QUD6023/1998 Kaurareg People (Ngurupai) (QCD2001/001) as determined by the Federal Court of Australia on 23 May 2001.
·Native title determination QUD6024/1998 Kaurareg People (Murulag #1) (QCD2001/002) as determined by the Federal Court of Australia on 23 May 2001.
·Native title determination QUD6025/1998 Kaurareg People (Zuna) (QCD2001/003) as determined by the Federal Court of Australia on 23 May 2001.
·Native title determination QUD6026/1998 Kaurareg People (Murulag #2) (QCD2001/004) as determined by the Federal Court of Australia on 23 May 2001.
·Native title determination QUD6027/1998 Kaurareg People (Mipa, Tarilag, Yeta, Damaralag) (QCD2001/005) as determined by the Federal Court of Australia on 23 May 2001.
·Native title determination QUD6073/1998 Warraber People (QCD2000/004) as determined by the Federal Court of Australia on 7 July 2000.
Note
Data Reference and source
·External Boundary of Determination Area compiled by National Native Title Tribunal based on information or instructions provided by the applicants.
·Local Government Authority data sourced from Department of Resources (QLD), December 2021.
·Cadastre, Mining Lease and river casement data sourced from Department of Resources (QLD), January 2022.
·Wuthathi Traditional Use of Marine Resources Agreement (TUMRA) Region – Schedule 2 as defined by the Great Barrier Reef Marine Park Authority, 2008.
Reference datum
Geographical coordinates have been provided by the NNTT Geospatial Services and are referenced to the Geocentric Datum of Australia 2020 (GDA2020), in decimal degrees and are based on the spatial reference data acquired from the various custodians at the time.
Use of Coordinates
Where coordinates are used within the description to represent cadastral or topographical boundaries or the intersection with such, they are intended as a guide only. As an outcome of the custodians of cadastral and topographic data continuously recalculating the geographic position of their data based on improved survey and data maintenance procedures, it is not possible to accurately define such a position other than by detailed ground survey.
Prepared by Geospatial Services, National Native Title Tribunal (28 September 2022).
Part 2 – External Boundary of the Kaurareg Area
The external boundary of the Kaurareg Area is described as:
Commencing at a corner of Native Title Determination QUD6040/2001 Torres Strait Regional Sea Claim (QCD2010/003) at approximate Longitude 142.539358° East, Latitude 10.500147° South and extending generally south westerly and generally northerly passing through the following coordinate points:
Longitude (East) Latitude (South) 142.537321 10.502230 142.534734 10.506243 142.533075 10.511943 142.531259 10.522655 142.527397 10.553357 142.526559 10.565071 142.526313 10.572951 142.525926 10.585381 142.528410 10.594063 142.529633 10.598616 142.529935 10.603137 142.529394 10.605634 142.528417 10.607624 142.525125 10.611089 142.518255 10.613540 142.510957 10.615980 142.500950 10.620358 142.488309 10.624699 142.478877 10.626607 142.474395 10.627559 142.468136 10.629469 142.465012 10.630419 142.460559 10.631846 142.454793 10.634223 142.449058 10.637068 142.446010 10.639616 142.444286 10.641799 142.433941 10.650695 142.426246 10.656713 142.411903 10.668136 142.407844 10.673561 142.405037 10.677602 142.400576 10.682504 142.395774 10.688253 142.391352 10.692639 142.384337 10.697673 142.382409 10.698764 142.368509 10.707439 142.366603 10.709057 142.361855 10.713892 142.359494 10.718169 142.343228 10.737603 142.334049 10.744291 142.332680 10.745314 142.324454 10.749383 142.319898 10.751406 142.314894 10.753420 142.306344 10.758448 142.302799 10.761454 142.299704 10.763950 142.295274 10.766929 142.288664 10.771372 142.283853 10.774809 142.277315 10.779202 142.269496 10.784048 142.257421 10.791251 142.250963 10.794583 142.243968 10.796463 142.233509 10.799272 142.223934 10.801599 142.216910 10.802512 142.213401 10.802967 142.202712 10.806688 142.182017 10.811269 142.157412 10.815331 142.126858 10.823417 142.104084 10.827794 142.079246 10.831641 142.055978 10.834488 142.031823 10.838772 141.992845 10.849188 141.973560 10.855277 141.960213 10.858517 141.944278 10.861728 141.921812 10.865350 141.906044 10.868522 141.898407 10.871008 141.894219 10.862271 141.847682 10.744509 141.834538 10.696874 141.829324 10.655291 141.829388 10.622364 141.834738 10.592893
Then north easterly to a corner of Native Title Determination QUD6040/2001 Torres Strait Regional Sea Claim (QCD2010/003) at approximate Longitude 141.854566° East, Latitude 10.556823° South; then generally easterly passing through the following coordinate points:
Longitude (East) Latitude (South) 142.134470 10.556816 142.201137 10.511814 142.251138 10.508479 142.276138 10.500145
Then easterly back to the commencement point.
For the avoidance of any doubt, the Kaurareg Area excludes any area subject to:
·Native title determination application QUD24/2019 Kaurareg People #3 filed in the Federal Court of Australia on 30 August 2010.
·All the area above High Water Mark (HWM) of Prince of Wales Island, Horn Island, Port Lihou Island, Tarilag Island and Zuna Island.
·Native title determination QUD6023/1998 Kaurareg People (Ngurupai) (QCD2001/001) as determined by the Federal Court of Australia on 23 May 2001.
·Native title determination QUD6024/1998 Kaurareg People (Murulag #1) (QCD2001/002) as determined by the Federal Court of Australia on 23 May 2001.
·Native title determination QUD6025/1998 Kaurareg People (Zuna) (QCD2001/003) as determined by the Federal Court of Australia on 23 May 2001.
·Native title determination QUD6026/1998 Kaurareg People (Murulag #2) (QCD2001/004) as determined by the Federal Court of Australia on 23 May 2001.
·Native title determination QUD6027/1998 Kaurareg People (Mipa, Tarilag, Yeta, Damaralag) (QCD2001/005) as determined by the Federal Court of Australia on 23 May 2001.
Note
Data Reference and source
·Kaurareg Area boundary compiled by National Native Title Tribunal based on information or instructions provided by the applicants.
Reference datum
Geographical coordinates have been provided by the NNTT Geospatial Services and are referenced to the Geocentric Datum of Australia 2020 (GDA2020), in decimal degrees and are based on the spatial reference data acquired from the various custodians at the time.
Use of Coordinates
Where coordinates are used within the description to represent cadastral or topographical boundaries or the intersection with such, they are intended as a guide only. As an outcome of the custodians of cadastral and topographic data continuously recalculating the geographic position of their data based on improved survey and data maintenance procedures, it is not possible to accurately define such a position other than by detailed ground survey.
Prepared by Geospatial Services, National Native Title Tribunal (28 September 2022).
Part 3 – External Boundary of the Ankamuthi Area
The external boundary of the Ankamuthi Area is described as:
Commencing at the intersection of the southern boundary of Lot 1 on SP120090 with the mouth of the Skardon River casement, being a point on the High Water Mark of the mainland and extending generally northerly along that High Water Mark, crossing the mouths of any waterways between the seaward extremities of each of the opposite banks of each such waterway, to approximate Longitude 142.207696° East, Latitude 10.915040° South (being a point on the High Water Mark of the mainland at Van Spoult Head); then north westerly to Longitude 142.148220° East, Latitude 10.817764° South, then generally south westerly passing through the following coordinate points:
Longitude (East) Latitude (South) 142.126858 10.823417 142.104084 10.827794 142.079246 10.831641 142.055978 10.834488 142.031823 10.838772 141.992845 10.849188 141.973560 10.855277 141.960213 10.858517 141.944278 10.861728 141.921812 10.865350 141.906044 10.868522 141.893459 10.872617 141.875261 10.876652
Then south westerly towards Longitude 141.825674° East, Latitude 10.889081° South until the intersection with a 30 kilometre buffer seaward from the High Water Mark of the mainland; then generally southerly along that 30 kilometre buffer to Latitude 11.753658° South and then east back to the commencement point.
Exclusions
The Ankamuthi Area does not include land and waters subject to:
·Mining Lease ML 7024.
·Comalco Indigenous Land Use Agreement (QIA2001/002) as registered by the NNTT on 24 August 2001.
·Native title determination QUD157/2011 Northern Cape York Group #1 (QCD2014/017), as determined by the Federal Court of Australia on 30 October 2014.
·Native title determination QUD780/2016 Northern Cape York Group #3 (QCD2017/005), as determined by the Federal Court of Australia on 26 July 2017.
·Native title determination QUD6158/1998 Ankamuthi People (QCD2017/006), as determined by the Federal Court of Australia on 26 July 2017.
Note
Data Reference and source
·Ankamuthi Area boundary compiled by National Native Title Tribunal based on information or instructions provided by the applicants.
·Cadastre, Mining Lease and river casement data sourced from Department of Resources (QLD), January 2022.
Reference datum
Geographical coordinates have been provided by the NNTT Geospatial Services and are referenced to the Geocentric Datum of Australia 2020 (GDA2020), in decimal degrees and are based on the spatial reference data acquired from the various custodians at the time.
Use of Coordinates
Where coordinates are used within the description to represent cadastral or topographical boundaries or the intersection with such, they are intended as a guide only. As an outcome of the custodians of cadastral and topographic data continuously recalculating the geographic position of their data based on improved survey and data maintenance procedures, it is not possible to accurately define such a position other than by detailed ground survey.
Prepared by Geospatial Services, National Native Title Tribunal (28 September 2022).
Part 4 – External Boundary of the Gudang Yadhaykenu Area
The external boundary of the Gudang Yadhaykenu Area is described as:
Commencing at a point on the High Water Mark of the mainland at approximate Longitude 142.439405° East, Latitude 10.707819° South (being a point on the High Water Mark at Peak Point, about 17km north east of Seisia), also being a point on the external boundary of Area 1 of Native Title Determination QUD157/2011 Northern Cape York Group #1 (QCD2014/017) and extending north westerly to Longitude 142.414081° East, Latitude 10.666402° South; then generally north easterly passing through the following coordinate points:
Longitude (East) Latitude (South) 142.426246 10.656713 142.433941 10.650695 142.444286 10.641799 142.446010 10.639616 142.449058 10.637068 142.454793 10.634223 142.460559 10.631846 142.465012 10.630419 142.468136 10.629469 142.474395 10.627559 142.478877 10.626607 142.488309 10.624699 142.500950 10.620358 142.510957 10.615980 142.518255 10.613540 142.525125 10.611089 142.528417 10.607624 142.529394 10.605634 142.529935 10.603137 142.529633 10.598616 142.528410 10.594063 142.525926 10.585381 142.526313 10.572951 142.526559 10.565071 142.527397 10.553357 142.531259 10.522655 142.533075 10.511943 142.534734 10.506243 142.537321 10.502230
Then north easterly to a corner of Native Title Determination QUD6040/2001 Torres Strait Regional Sea Claim (QCD2010/003) at approximate Longitude 142.539358° East, Latitude 10.500147° South; then easterly along the southern boundary of that native title determination to Longitude 142.797073° East; then generally south easterly passing through the following coordinate points:
Longitude (East) Latitude (South) 142.797100 10.500168 142.800459 10.502594 142.805938 10.506551 142.814950 10.510585 142.821047 10.512356 142.822106 10.512664 142.831096 10.516685 142.838309 10.520659 142.845512 10.524629 142.852641 10.526693 142.859830 10.530657 142.867008 10.534614 142.870595 10.536592 142.881339 10.542511 142.888547 10.548338 142.893985 10.554114 142.899413 10.559878 142.906685 10.569418 142.912088 10.575150 142.917481 10.580874 142.924613 10.586627 142.929896 10.588601 142.938707 10.592512 142.947545 10.598272 142.954590 10.602131 142.958145 10.605913 142.965277 10.615309 142.972294 10.619149 142.977595 10.624786 142.984620 10.630450 142.989875 10.634232 142.998657 10.643573 143.005643 10.649200 143.012596 10.652993 143.021300 10.660455 143.031709 10.667934 143.040360 10.673548 143.045555 10.679079 143.050741 10.684602 143.057628 10.688347 143.064512 10.693887 143.069666 10.697587 143.074815 10.701282 143.081670 10.705009 143.088518 10.708727 143.093643 10.714197 143.100472 10.717902 143.108987 10.725202 143.112393 10.727049 143.122586 10.734359 143.129364 10.739812 143.141218 10.747121 143.146304 10.748986 143.156444 10.754477 143.166545 10.761719 143.178316 10.768973 143.186704 10.774391 143.193385 10.779769 143.201747 10.785169 143.208404 10.790528 143.211675 10.795816 143.224980 10.804753 143.233240 10.811841 143.239844 10.817154 143.244801 10.820701 143.251387 10.825998 143.254604 10.831222 143.264475 10.838273 143.275946 10.847053 143.282479 10.852303 143.285713 10.855778 143.295570 10.861071 143.300463 10.864565 143.310234 10.871539 143.316716 10.876744 143.328447 10.885849 143.346804 10.900743 143.352301 10.906767 143.355964 10.910776 143.365266 10.918820 143.374717 10.924888 143.380517 10.926957 143.389951 10.933014 143.395222 10.940935 143.400655 10.946895 143.408066 10.952881 143.417273 10.960833 143.424660 10.966797 143.433835 10.974722 143.441197 10.980663 143.448555 10.986596 143.457872 10.992555 143.466984 11.000425 143.470359 11.006254 143.481607 11.012218 143.488904 11.018101 143.496387 11.022066 143.503665 11.027933 143.508967 11.033756 143.521918 11.041613 143.530920 11.049382 143.541660 11.059063 143.552584 11.066832 143.561951 11.070783 143.569147 11.076576 143.580239 11.082431 143.587410 11.088204 143.598257 11.095915 143.603673 11.099765 143.614714 11.105584 143.618391 11.107522 143.631365 11.113365 143.640655 11.117267 143.644093 11.121060 143.657030 11.126883 143.664114 11.132592 143.671659 11.134587 143.682614 11.140355 143.688205 11.142311 143.705138 11.157789 143.715023 11.162054 143.722868 11.166280 143.728675 11.170465 143.736215 11.178753 143.741861 11.184957 143.751693 11.189192 143.759495 11.193385 143.767281 11.197576 143.775066 11.201760 143.780978 11.203885 143.790768 11.208097 143.798690 11.210253 143.806291 11.216436 143.814039 11.220598 143.821780 11.224756 143.827330 11.230883 143.835223 11.233025 143.842769 11.239173 143.848468 11.243277 143.864041 11.249538 143.871733 11.253664 143.877586 11.255758 143.887457 11.257918 143.897139 11.262064 143.902982 11.264153 143.910643 11.268260 143.924318 11.272462 143.932154 11.274577 143.937786 11.278641 143.949230 11.284778 143.956649 11.290840 143.970068 11.296990 143.977263 11.304999
Then south easterly to the eastern boundary of the Cook Shire Council Local Government Authority at Latitude 11.309177° South; then generally southerly along the eastern boundary of that Local Government Authority to the northern boundary of the Wuthathi Traditional Use of Marine Resources Agreement (TUMRA) Region Schedule 2 as defined by the Great Barrier Reef Marine Park Authority at approximate Latitude 11.367295° South; then generally north westerly and generally south westerly along northern boundaries of that Marine Resource Agreement Area, approximated by the following coordinate points:
Longitude (East) Latitude (South) 143.947742 11.361270 143.817141 11.309404 143.804758 11.309404 143.784275 11.298920 143.743375 11.397887 143.750958 11.477620 143.741208 11.484770 143.718592 11.548053 143.679808 11.593737 143.637692 11.604453 143.624542 11.622970 143.620474 11.628697
Then due west to the High Water Mark (at Captain Billy Landing); then generally northerly along that High Water Mark to an eastern corner of Lot 26 on NPW404 (about 520m south of Hunter Point), being a point on the external boundary of Area 1 of Native Title Determination QUD157/2011 Northern Cape York Group #1 (QCD2014/017); then generally northerly, generally westerly, generally north easterly, generally north westerly and generally south westerly along the external boundary of that native title determination back to the commencement point.
Exclusions
The Gudang Yadhaykenu Area does not include land and waters subject to:
·Raine Island National Park (Scientific) Indigenous Land Use Agreement (QI2006/044) as registered by the NNTT on 13 August 2007.
For the avoidance of any doubt, the Gudang Yadhaykenu Area excludes any area subject to:
·Native title determination QUD6040/2001 Torres Strait Regional Sea Claim (QCD2010/003) as determined by the Federal Court of Australia on 23 August 2010.
·Native title determination QUD157/2011 Northern Cape York Group #1 (QCD2014/017) as determined by the Federal Court of Australia on 30 October 2014.
Data Reference and source
·Gudang Yadhaykenu Area boundary compiled by National Native Title Tribunal based on information or instructions provided by the applicants.
·Local Government Authority data sourced from Department of Resources (QLD), December 2021.
·Cadastre data sourced from Department of Resources (QLD), January 2022.
·Wuthathi Traditional Use of Marine Resources Agreement (TUMRA) Region – Schedule 2 as defined by the Great Barrier Reef Marine Park Authority, 2008.
Reference datum
Geographical coordinates have been provided by the NNTT Geospatial Services and are referenced to the Geocentric Datum of Australia 2020 (GDA2020), in decimal degrees and are based on the spatial reference data acquired from the various custodians at the time.
Use of Coordinates
Where coordinates are used within the description to represent cadastral or topographical boundaries or the intersection with such, they are intended as a guide only. As an outcome of the custodians of cadastral and topographic data continuously recalculating the geographic position of their data based on improved survey and data maintenance procedures, it is not possible to accurately define such a position other than by detailed ground survey.
Prepared by Geospatial Services, National Native Title Tribunal (28 September 2022).
Part 5 – External Boundary of the Kulkalgal and Kemer Kemer Meriam Area
The external boundary of the Kulkalgal and Kemer Kemer Meriam Area is described as:
Commencing at the intersection of the southern boundary of Native Title Determination QUD6040/2001 Torres Strait Regional Sea Claim (QCD2010/003) with Longitude 142.743222° East and extending easterly along that determination boundary to the eastern boundary of the Torres Shire Council Local Government Authority; then generally southerly along the eastern boundaries of that Local Government Authority and the Cook Shire Council Local Government Authority to the northern boundary of the Wuthathi Traditional Use of Marine Resources Agreement (TUMRA) Region Schedule 2 as defined by the Great Barrier Reef Marine Park Authority at approximate Latitude 11.367295° South; then generally north westerly and generally south westerly along that agreement boundary, approximated by the following coordinate points:
Longitude (East) Latitude (South) 143.947742 11.361270 143.817141 11.309404 143.804758 11.309404 143.784275 11.298920 143.743375 11.397887 143.750958 11.477620 143.741208 11.484770 143.718592 11.548053 143.679808 11.593737 143.637692 11.604453 143.624542 11.622970 143.620474 11.628697
Then west, north and generally north westerly passing through the following coordinate points:
Longitude (East) Latitude (South) 143.364800 11.628697 143.364800 11.220500 143.171400 10.998500 143.166038 10.990679 143.161664 10.986367 143.157271 10.980643 143.154321 10.974944 143.148432 10.966338 143.148217 10.966023 143.145481 10.962025 143.142495 10.954872 143.139502 10.947700 143.135040 10.940473 143.134717 10.939261 143.133509 10.934730 143.130493 10.927507 143.126004 10.920229 143.122992 10.914408 143.118463 10.905656 143.115435 10.899805 143.110929 10.893905 143.106415 10.887992 143.100384 10.880571 143.095852 10.874633 143.091305 10.868680 143.086779 10.864177 143.082217 10.858203 143.077646 10.852217 143.071541 10.844701 143.069955 10.840239 143.068033 10.837722 143.065354 10.834213 143.062234 10.828214 143.057542 10.819192 143.055974 10.816179 143.051302 10.808611 143.048555 10.803330 143.048154 10.802559 143.043502 10.796454 143.040297 10.788875 143.038671 10.784326 143.033993 10.778181 143.029304 10.772022 143.026157 10.767404 143.021452 10.761222 143.018293 10.756587 143.015081 10.750423 143.008889 10.745687 143.005713 10.741027 143.001112 10.738619 143.001111 10.715169 142.894661 10.634389 142.892627 10.630560 142.884569 10.623980 142.881135 10.617522 142.879887 10.616560 142.874684 10.612553 142.869769 10.607622 142.863387 10.604237 142.855351 10.599198 142.848948 10.595800 142.842440 10.590789 142.835921 10.585769 142.828236 10.580946 142.827833 10.580693 142.819730 10.575607 142.813279 10.572179 142.811393 10.571177 142.802508 10.564435 142.800138 10.562064 142.796576 10.555467 142.791542 10.550431 142.786501 10.545386 142.781453 10.540334 142.777957 10.535314 142.774461 10.530289 142.769384 10.525206 142.762964 10.523359 142.756418 10.519865 142.744017 10.501335
Then north westerly back to the commencement point.
Exclusions
This Kulkalgal and Kemer Kemer Meriam Area does not include land and waters subject to:
·Raine Island National Park (Scientific) Indigenous Land Use Agreement (QI2006/044) as registered by the NNTT on 13 August 2007.
·Native title determination QUD6073/1998 Warraber People (QCD2000/004) as determined by the Federal Court of Australia on 7 July 2000.
For the avoidance of any doubt, the Kulkalgal and Kemer Kemer Meriam Area excludes any area subject to:
·Native title determination QUD6040/2001 Torres Strait Regional Sea Claim (QCD2010/003) as determined by the Federal Court of Australia on 23 August 2010.
Data Reference and source
·Kulkalgal and Kemer Kemer Meriam Area boundary compiled by National Native Title Tribunal based on information or instructions provided by the applicants.
·Local Government Authority data sourced from Department of Resources (QLD), December 2021.
·Wuthathi Traditional Use of Marine Resources Agreement (TUMRA) Region – Schedule 2 as defined by the Great Barrier Reef Marine Park Authority, 2008.
Reference datum
Geographical coordinates have been provided by the NNTT Geospatial Services and are referenced to the Geocentric Datum of Australia 2020 (GDA2020), in decimal degrees and are based on the spatial reference data acquired from the various custodians at the time.
Use of Coordinates
Where coordinates are used within the description to represent cadastral or topographical boundaries or the intersection with such, they are intended as a guide only. As an outcome of the custodians of cadastral and topographic data continuously recalculating the geographic position of their data based on improved survey and data maintenance procedures, it is not possible to accurately define such a position other than by detailed ground survey. Prepared by Geospatial Services, National Native Title Tribunal (28 September 2022).
SCHEDULE 5 – DESCRIPTION OF DETERMINATION AREAS
Part 1 — Exclusive Areas
All of the land and waters described in the following table and depicted in dark blue on the determination maps contained in Schedule 7:
Group Area
Area description (at the time of the determination)
Determination Map Sheet Reference
Note
Ankamuthi Area
Lot 70 on Plan TS234
Map 3, Sheet 1 of 2
~
Ankamuthi Area
Lot 71 on Plan TS235
Map 3, Sheet 1 of 2
~
Ankamuthi Area
Lot 2 on Plan SO23
Map 3, Sheet 2 of 2
~
Gudang Yadhaykenu Area
Lot 14 on Plan AP22773
Map 4, Sheet 1 of 16
Gudang Yadhaykenu Area
Lot 38 on Plan SO65
Map 4, Sheet 1 of 16
Gudang Yadhaykenu Area
Lot 15 on Plan USL36635
Map 4, Sheet 1 of 16
Gudang Yadhaykenu Area
Lot 17 on Plan USL36635
Map 4, Sheet 1 of 16
Gudang Yadhaykenu Area
Lot 17 on Plan AP22773
Map 4, Sheet 2 of 16
Gudang Yadhaykenu Area
Lot 39 on Plan SO65
Map 4, Sheet 3 of 16
Gudang Yadhaykenu Area
Lot 40 on Plan SO65
Map 4, Sheet 3 of 16
Gudang Yadhaykenu Area
Lot 41 on Plan SO65
Map 4, Sheet 3 of 16
Gudang Yadhaykenu Area
Lot 42 on Plan SO65
Map 4, Sheet 3 of 16
Gudang Yadhaykenu Area
Lot 1 on Plan SP120091
Map 4, Sheet 3 of 16
~
Gudang Yadhaykenu Area
Lot 27 on Plan SP120091
Map 4, Sheet 3 of 16
~
Gudang Yadhaykenu Area
Lot 23 on Plan USL36618
Map 4, Sheet 3 of 16
Gudang Yadhaykenu Area
Lot 9 on Plan TS195
Map 4, Sheet 4 of 16
Gudang Yadhaykenu Area
Lot 10 on Plan TS195
Map 4, Sheet 4 of 16
Gudang Yadhaykenu Area
Lot 11 on Plan TS195
Map 4, Sheet 4 of 16
Gudang Yadhaykenu Area
Lot 12 on Plan TS195
Map 4, Sheet 4 of 16
Gudang Yadhaykenu Area
Lot 13 on Plan TS195
Map 4, Sheet 4 of 16
~
Gudang Yadhaykenu Area
Lot 14 on Plan TS195
Map 4, Sheet 4 of 16
Gudang Yadhaykenu Area
Lot 15 on Plan TS195
Map 4, Sheet 4 of 16
Gudang Yadhaykenu Area
Lot 1 on Plan TS67
Map 4, Sheet 4 of 16
*
Gudang Yadhaykenu Area
Lot 1 on Plan USL36618
Map 4, Sheet 4 of 16
Gudang Yadhaykenu Area
Lot 27 on Plan USL36618
Map 4, Sheet 4 of 16
Gudang Yadhaykenu Area
Lot 30 on Plan USL36618
Map 4, Sheet 4 of 16
Gudang Yadhaykenu Area
Lot 23 on Plan TS231
Map 4, Sheet 5 of 16
~
Gudang Yadhaykenu Area
Lot 17 on Plan TS195
Map 4, Sheet 6 of 16
Gudang Yadhaykenu Area
Lot 18 on Plan TS195
Map 4, Sheet 6 of 16
Gudang Yadhaykenu Area
Lot 19 on Plan TS195
Map 4, Sheet 6 of 16
Gudang Yadhaykenu Area
Lot 50 on Plan USL36618
Map 4, Sheet 7 of 16
Gudang Yadhaykenu Area
Lot 1 on Plan AP22362
Map 4, Sheet 9 of 16
Gudang Yadhaykenu Area
Lot 2 on Plan AP22362
Map 4, Sheet 9 of 16
Gudang Yadhaykenu Area
Lot 6 on Plan SP252515
Map 4, Sheet 9 of 16
Gudang Yadhaykenu Area
Lot 7 on Plan SP252515
Map 4, Sheet 9 of 16
Gudang Yadhaykenu Area
Lot 2 on Plan SP252525
Map 4, Sheet 9 of 16
~
Gudang Yadhaykenu Area
Lot 3 on Plan SP252525
Map 4, Sheet 9 of 16
~
Gudang Yadhaykenu Area
Lot 8 on Plan SP252495
Map 4, Sheet 11 of 16
Gudang Yadhaykenu Area
Lot 9 on Plan SP252495
Map 4, Sheet 11 of 16
Gudang Yadhaykenu Area
That part of Lot 410 on Plan NPW603 described as Denham Group National Park (Cairncross Island) excluding former Portion 1 on Plan SO10
Map 4, Sheet 12 of 16
Gudang Yadhaykenu Area
Lot 14 on Plan SP241441
Map 4, Sheet 12 of 16
Gudang Yadhaykenu Area
Lot 11 on Plan SP241441
Map 4, Sheet 13 of 16
Gudang Yadhaykenu Area
Lot 13 on Plan SP241440
Map 4, Sheet 14 of 16
Gudang Yadhaykenu Area
Lot 9 on Plan SP252528
Map 4, Sheet 14 of 16
Gudang Yadhaykenu Area
Lot 10 on Plan SP252528
Map 4, Sheet 15 of 16
Gudang Yadhaykenu Area
Lot 5 on Plan SP241439
Map 4, Sheet 16 of 16
Gudang Yadhaykenu Area
Lot 7 on Plan SP241439
Map 4, Sheet 16 of 16
Kulkalgal and Kemer Kemer Meriam Area
Those parts, if any, of Awai (Pelican Sandbank), located in the vicinity of Longitude 143.019640° East, Latitude 10.638838° South, that are located on the landward side of the High Water Mark
Map 5, Key Map
^
Kulkalgal and Kemer Kemer Meriam Area
Those parts, if any, of Big Boiag (Koey Boiag), located in the vicinity of Longitude 143.198644° East, Latitude 10.632882° South, that are located on the landward side of the High Water Mark
Map 5, Key Map
^
Kulkalgal and Kemer Kemer Meriam Area
Those parts, if any, of Tiwalag, located in the vicinity of Longitude 143.070823° East, Latitude 10.591019° South, that are located on the landward side of the High Water Mark
Map 5, Key Map
^
~ denotes areas to which s 47A of the Native Title Act 1993 (Cth) applies.
* denotes areas to which s 47B of the Native Title Act 1993 (Cth) applies.
^ denotes areas that have not been surveyed at the date of the determination
Note for Kulkalgal and Kemer Kemer Meriam Areas
Reference datum
Geographical coordinates have been provided by the NNTT Geospatial Services and are referenced to the Geocentric Datum of Australia 2020 (GDA2020), in decimal degrees and are based on the spatial reference data acquired from the various custodians at the time.
Use of Coordinates
Where coordinates are used within the description to represent cadastral or topographical boundaries or the intersection with such, they are intended as a guide only. As an outcome of the custodians of cadastral and topographic data continuously recalculating the geographic position of their data based on improved survey and data maintenance procedures, it is not possible to accurately define such a position other than by detailed ground survey.
Prepared by Geospatial Services, National Native Title Tribunal (28 September 2022).
Part 2 — Non-Exclusive Areas (Offshore)
(a)all of the waters below the High Water Mark within the External Boundary and depicted in teal on the determination maps contained in Schedule 7; and
(b)all of the waters below the High Water Mark within the External Boundary and described in the following table and depicted in light blue on the determination maps contained in Schedule 7:
Group Area
Area description (at the time of the determination)
Determination Map Sheet Reference
Note
Kaurareg Area
Lot 4 on Plan SP187418
Map 2, Sheet 5 of 8
Kaurareg Area
Lot 142 on Plan SP152630
Map 2, Sheet 5 of 8
Kaurareg Area
Lot 1 on Plan SP118062
Map 2, Sheet 5 of 8
Kaurareg Area
Lot 156 on Plan SP108485
Map 2, Sheet 5 of 8
Kaurareg Area
Lot 169 on Plan TS224
Map 2, Sheet 8 of 8
Kaurareg Area
Lot 4 on Plan SP108474
Map 2, Sheet 8 of 8
Kaurareg Area
Lot 28 on Plan SP108492
Map 2, Sheet 8 of 8
SCHEDULE 6 – AREAS NOT FORMING PART OF THE DETERMINATION AREA
The following areas of land and waters are excluded from the Determination Area as described in Order 8.
1.Those lands and waters within the External Boundary which at the time the native title determination application was made were the subject of one or more Previous Exclusive Possession Acts, within the meaning of s 23B of the Native Title Act 1993 (Cth) as they could not be claimed in accordance with s 61A of the Native Title Act 1993 (Cth).
2.Specifically, and to avoid any doubt, the land and waters described in (1) above includes:
(i)the Previous Exclusive Possession Acts described in ss 23B(2) and 23B(3) of the Native Title Act 1993 (Cth) to which s 20 of the Native Title (Queensland) Act 1993 (Qld) applies, and to which none of ss 47, 47A or 47B of the Native Title Act 1993 (Cth) applied; and
(ii)the land and waters on which any public work, as defined in s 253 of the Native Title Act 1993 (Cth), is or was constructed, established or situated, and to which ss 23B(7) and 23C(2) of the Native Title Act 1993 (Cth) and to which s 21 of the Native Title (Queensland) Act 1993 (Qld) applies, together with any adjacent land or waters in accordance with s 251D of the Native Title Act 1993 (Cth).
3.Those lands and waters within the External Boundary on which, at the time the native title determination application was made, public works were validly constructed, established or situated after 23 December 1996, where s 24JA of the Native Title Act 1993 (Cth) applies, and which wholly extinguished native title.
4.Those lands and waters within the External Boundary which, at the time the native title determination application was made, were the subject of one or more Pre-existing Rights Based Acts, within the meaning of s 24IB of the Native Title Act 1993 (Cth), which wholly extinguished native title.
5.The land and waters within the External Boundary in respect of which the parties have agreed that no determination is to be made at present and which are described in the following table:
Area description (at the time of the determination)
Lot 140 on SP108487
Lot 191 on SP108475
Lot 11 on RP898338
Lot 12 on RP898338
Lot 1 on JD1
Lot 26 on NPW404
Lot 409 on NPW602
That part of Lot 410 on NPW603 formerly described as Portion 1 on Plan SO10
That part of Lot 410 on Plan NPW603 described as Denham Group National Park (Sinclair Islet, Milman Islet, Aplin Islet, Wallace Islet, Cholmondeley Islet and Boydong Island)
Lot 18 on SP120091
The area within a radius of 150 metres from the respective centre points of each Commonwealth asset as follows:
· Harrington Reef Unlit Beacon; approximate Longitude 142.719600° East, Latitude 10.820483° South (WGS84).
· Shortland Reef Unlit Beacon; approximate Longitude 142.766350° East, Latitude 10.896850° South (WGS84).
The area within a radius of 650 metres from the respective centre points of each Commonwealth asset as follows:
· Wyborn Reef Light; approximate Longitude 142.775050° East, Latitude 10.819167° South (WGS84).
Note
Data Reference and source
· Area boundary compiled by the National Native Title Tribunal based on information or instructions provided by the applicants.
· Commonwealth asset centre point details provided by the applicants. The Commonwealth have advised that AMSA maintains the coordinates in WGS84 for reasons relating to the international nature of shipping and navigation services.
Reference datum
Geographical coordinates have been provided by the NNTT Geospatial Services and are referenced to the Geocentric Datum of Australia 2020 (GDA2020), in decimal degrees and are based on the spatial reference data acquired from the various custodians at the time.
Use of Coordinates
Where coordinates are used within the description to represent cadastral or topographical boundaries or the intersection with such, they are intended as a guide only. As an outcome of the custodians of cadastral and topographic data continuously recalculating the geographic position of their data based on improved survey and data maintenance procedures, it is not possible to accurately define such a position other than by detailed ground survey.
Prepared by Geospatial Services, National Native Title Tribunal (28 September 2022).
The area within a radius of 150 metres from the respective centre points of each Commonwealth asset as follows:
· Booby Island Tide Gauge; approximate Longitude 141.910133° East, Latitude 10.602550° South (WGS84).
· Turtle Head Tide Gauge; approximate Longitude 142.213100° East, Latitude 10.520583° South (WGS84).
· Goods Island Tide Gauge; approximate Longitude 142.146650° East, Latitude 10.563350° South (WGS84).
· Ince Point Tide Gauge; approximate Longitude 142.304850° East, Latitude 10.514133° South (WGS84).
Note
Data Reference and source
· Area boundary compiled by the National Native Title Tribunal based on information or instructions provided by the applicants.
· Commonwealth asset centre point details provided by the applicants. The Commonwealth have advised that AMSA maintains the coordinates in WGS84 for reasons relating to the international nature of shipping and navigation services.
Reference datum
Geographical coordinates have been provided by the NNTT Geospatial Services and are referenced to the Geocentric Datum of Australia 2020 (GDA2020), in decimal degrees and are based on the spatial reference data acquired from the various custodians at the time.
Use of Coordinates
Where coordinates are used within the description to represent cadastral or topographical boundaries or the intersection with such, they are intended as a guide only. As an outcome of the custodians of cadastral and topographic data continuously recalculating the geographic position of their data based on improved survey and data maintenance procedures, it is not possible to accurately define such a position other than by detailed ground survey.
Prepared by Geospatial Services, National Native Title Tribunal (28 September 2022)
· The area within a radius of 25 metres from the centre point of the Thursday Island Hospital helipad: approximate Longitude 142.20968° East, Latitude 10.58864° South; and
· The area within a radius of 16 meters from the centre point of the private helipad: approximate Longitude 142.227331° East, Latitude 10.570186° South.
Note
Reference datum
Geographical coordinates have been provided by the NNTT Geospatial Services and are referenced to the Geocentric Datum of Australia 2020 (GDA2020), in decimal degrees and are based on the spatial reference data acquired from the various custodians at the time.
Use of Coordinates
Where coordinates are used within the description to represent cadastral or topographical boundaries or the intersection with such, they are intended as a guide only. As an outcome of the custodians of cadastral and topographic data continuously recalculating the geographic position of their data based on improved survey and data maintenance procedures, it is not possible to accurately define such a position other than by detailed ground survey.
Gudang Yadhaykenu man George Pausa was born on Waiben. When he was born, his family lived on Badu, but they moved to Waiben when he was a child, and then to Injinoo. He describes his childhood this way (at [4] of his 2022 witness statement):
As a youngster I spent a lot of time with Uncle Steven Ropeyarn at Somerset between ages of about 10 to 15. We used to go and camp there at weekends and go there for holidays. Uncle Ropeyarn was the caretaker of the buildings and cemetery at Somerset and lived there in the brown house. I spent a lot of time at Somerset and grew up a lot there with Uncle Ropeyarn passing on knowledge and taking us diving and fishing with him and talking about the sea and diving and fishing. I also spent time with my mother’s sister Aunty Ellen Savage on Horn Island before the government forced them to move to lnjinoo. When they moved to lnjinoo I was brought up with her five sons and we grew up and learned things together. Her sons identify as Kaurareg men but with strong Gudang Yadhaykenu connection.
As members of the other claim groups also do in their affidavit evidence, Mr Pausa explains (at [10]) how there is no division between land and sea country:
… our land and sea are joined together and when we speak about country it includes the sea and reefs and sandbanks off our mainland country and islands where the water is shallow and you can dive down and swim upwards from the bottom. Our people own this country all the way out from the shore to the outer reef and our country follows the reefs and sandbars that go out that far. When you look at the reefs and the sandbars many of them are exposed at low tide and can be seen and you can follow the reefs and sandbars and sand cays all the away out to the point where they finish and it falls off into deep water and our country ends at that deep water. Our country also ends where it meets our border with our neighbours and at that border there is usually sea country which is shared between us and our neighbours. This is the way we’re able to say where our sea country is. A long time ago our islands and reefs and sandbanks where not covered by water but the seas rose and covered the land but where the reefs and sandbanks run out to where the water is deep is still out country even though it is covered by the sea but the sea is shallower.
He also describes what he has learned about the time of travel by canoe (at [13]):
… our old people used to travel our country in canoes and used to go right out to the outer reef. They used to go there in large double outrigger canoes which were strong and could be paddled and also could sail with a sail made from the paper bark tree and steered with a large paddle at the stern. Some of the big canoes were around when my mother was young but they were gone when I was born. In earlier days people lived on Muri and Cairncross Islands so the old people used to go out, mainly from Escape River, to our offshore islands to camp and rest and get ready to follow our reefs and sandbanks to the outer areas hopping from one reef or sandbank to the next until they reached deep water where the reefs and sandbanks ended. Boydong Cay was a main stopping place and we have a special song about “Boydonkey” which I can sing to you and I was taught this song by our old people. There are stories about bringing meat and shells from giant claims on the outer reef and about there being sand islands out there where the old people could get turtle eggs and seabird eggs for food. I have heard stories about fresh water springs on the outer reef but I do not know these stories. I do know of fresh water on our offshore islands. Our people used their canoes to hunt for turtle and dugong and to fish and dive for fish crayfish, and shells with meat in them such as pearl, oysters, clams and other shells and oysters as well as to get turtle eggs and birds eggs. The giant clam shells on the outer reefs are very big, bigger than this desk, and too big to lift into the canoe. These were cut in the middle and squeezed out for the meat and after the meat was taken out of them some of the big shells were brought back for ceremonies.
In his witness statement, Michael Solomon described his father’s Gudang Yadhaykenu heritage, and what he was taught about using the resources of the sea country (at [4], [14]-[17]):
My family are seafarers. The Gudang Yadhaykenu are hunters and gathers and seafarers. We live off the land and the sea. We on seafood and do a lot of diving and fishing and netting all through the east coast and west coast. My dad and my uncles showed me all the places to go.
…
My father took me out to MacLennan Reef No 2, Siddons Reef and Cochin Reef. It’s a breeding place out there. We don’t need to go that far for the food source. This area is the breeding place for the sea animals and then they come closer to the coast. We only hunt closer to the mainland. Crayfish, turtle, dugong are all close to the mainland.
My father told me all about the springs and the waters coming out of MacLennan Reef No 2, Siddons Reef and Cochin Reef. My father told me our ancestors can go out that far. They didn’t have to carry the water because they knew where the freshwater was.
The ancestors went out to the Great Barrier reef to get the big bu shells and big clam shells for birth rites, death of a chief or a queen, and initiation. The clam shells were about two metres long. The ancestors were really strong people very lean and fit. There’s also a coral out at the Barrier Reef that the ancestors used to mummify bodies.
The bigger the clam shell, the bigger the honour, the bigger the respect. Those big shells are only right out there on the Great Barrier reef. When you go to the inner reef there’s only small clam shells.
Mr Solomon also described some of the traditional interactions between different groups who used the sea country in the Determination area (at [32]-[35]):
A lot of Gudang Yadhaykenu talk about Raine Island. There’s lots of turtle that nest out there. In the old times, before white people, there was trading on Raine Island. My brother Roy I think knows stories about Raine Island. Roy is connected to both Gudang Yadhaykenu and Lockhart River. Roy’s mum was my dad’s sister. Roy’s father was half Murray Islander. That’s how we got Murray Island people in Lockhart. The Murray Island people used the same trading route. You talk to Roy about that stuff.
In the before time, the society was governed by cods. Cods was where the initiation process happened, ceremonies happened, the lore, making decisions, all that sort of stuff. The stone arrangement marks where a cod is.
Raine Island was a meeting place on between the Gudang Yadhaykenu, the Murray Island people and the Wuthathi people and the Lockhart people.
There was trading on Mount Adolphus before the white fellows. They been trading there from the time of the land bridge time. When the water rises, they still do trading using the canoe as a trading canoe.
When she made her witness statement earlier this year, Mrs Elizabeth Pausa was 87 years old. She is the mother of Mr George Pausa. She grew up around Red Island Point and Injinoo. Although this evidence is not about connection to country directly, I think it important to extract her evidence about language. It is about connection being maintained, despite the oppressive consequences of colonisation. It demonstrates the mighty struggle of the First Nations people of her generation to hold onto language, and their loss of language. This is another example of stories that must be told more widely, to understand the destructive effects of colonisation (at [4]):
My mother spoke Gudang Language and my father spoke Atambaya language but they understood each other and we could understand them speaking language – three languages. When I was a young girl we were made to speak English and not to speak our language. We never talk in language because they been stop us. We used to speak broken – because we had too many white people come and that’s why in my days we only speak broken – the government stop us and I can’t talk language to my granddaughter because I don't know how to speak it. I think Raymond Wymarra had all the language in a language book. Today we got a lot of island people, all Torres Strait from Saibai right down and now we talk just like them (in creole) and they put their own names on everything.
Mrs Pausa describes some of the different traditional ways between men and women (at [7]):
When we sit down to tell our stories the women sit down together with the girls to tell their stories about women’s business, and the men sit down together with the boys to talk about men’s business and tell their stories. When we do our dancing and our songs the men do the songs and the dancing about the sea as that is men’s business. The sea country and hunting, fishing and diving in the sea is men’s business. Women only go fishing and collecting from the beach and in the river. Only men can go out to the outside reefs – not women. If women go out in the canoe when they are pregnant you will not catch anything. Some of these things have changed a bit since I was young.
Mrs Pausa is one of the few claim group members old enough to remember seeing Gudang men in canoes (at [10]):
My mother and her family told me how our Gudang men went right out to sea in canoes before they got dinghies. When I was a little girl, I saw some of the big canoes people call double outrigger canoes with my own eyes. The big canoes were made from a big strong special tree like a blood wood tree and the inside part was dug out to make them hollow inside so they would float. We had a Gudang name for this tree – this floating wood tree but we had to speak English and I cannot remember that name. Some of them big canoes were also traded from New Guinea. The men could sit at the front and the back to paddle because there were what people called outriggers on both sides in the middle of the canoes to hold them steady. The big canoes went a long way out to sea and to the outside reef. There were smaller canoes for the rivers. These big canoes also had sails to make it easier to travel. The experienced old men used to make sails out of bark from the paperbark tree but when I was young canvas was being used to make the sails.
She also describes the conflicts for her old people with the start of the lugger business (at [18]):
Most of the hunting and fishing and diving when I was a young girl was for food to eat and share among the families and we did not take more than we needed to eat. The luggers used to come down to our country and get our men to be crew on the luggers and to dive for them. Our old people did not like the government letting the luggers come and take pearl shell, trochus shell and beche de mer from our country without asking our permission but this had been going on since well before I was born and it provided work for a lot of our men and for their families. People said the luggers got our men because they were the best divers and because they knew our country and know where to find the pearl shell and trochus shell and beche de mer that the luggers were diving for.
There is a great deal of evidence across all the five groups about working on the luggers. It was a key post-colonial activity on peoples’ sea country that did allow them to maintain traditional connections, much as with the pastoral stations on land. But it came at cost for the abundance of the resources of peoples’ sea country, and in some cases, for the lives of people themselves.
Mr Meun Lifu, also known as “Shorty” or “Uncle Shorty” by many of the deponents, is a Gudang Yadhaykenu elder. He describes his sea country (at [11] of his affidavit):
My small father, George and Jerry told me about our sea country when we were out in the boat together. They told me how far to go out and what direction to go to stay in Gudang Yadhaykenu sea country. Gudang Yadhaykenu sea country goes out from Gel Point to Possession Island, from Possession Island to Smol Muri and Muri Island and then straight out east to the outer reef and then down to Raine Island. The boundary follows the islands and reefs the Rainbow Serpent, the big carpet snake, created. I talk about the Rainbow Serpent story later in my affidavit. You go right out from Captain Billy’s to the reef and then to Raine Island. You mark a straight line from Captain Billy to Raine Island. That is Gudang Yadhaykenu sea country. Gudang Yadhaykenu sea country does not go past the outer reef. It’s too deep over past the outer reef. You would die if you go past the outer reef. No one would find you out past the outer reef. It’s blue sea past the outer reef.
Like many other deponents, Mr Lifu emphasised the need to travel in the right way through sea country (at [34]-[36], [68]):
The Gudang Yadhaykenu can go anywhere in Gudang Yadhaykenu country, but it can be dangerous country and you have to do the right thing before you go to certain places. You have to talk to the spirits before you go. Some old people have travelled there before, out to those reefs, some of them canoes be drowned and they got killed and family lost people who belonged to them. We keep that sacred. The spirits are still there. When we want to go through we talk language. We tell the spirits who we are when we pass through. The spirits can kill the wind, kill the tide. That’s how the Gudang Yadhaykenu travel. We can ask them to stop the bad weather.
The spirits, the ancestors, same are in the reefs as I said. You talk in language to the reef to talk to the spirits. The spirits guide you and tell you the way. You make an offering to them. You smoke half a cigarette and then you give it to them. The half cigarette can be your offering. You light a cigarette and throw it behind you, don’t look back and talk to the spirits. That’s how Gudang Yadhaykenu do it. The spirits can be troublesome or friendly. The spirits will bring trouble to the people who shouldn’t be there. You can ask the spirits to show things to you, to make it easier to hunt.
If you went out to the outer reef and were worried about the rough sea you could take bark from a certain tree, chew it and then spit it out and it calms the sea. You talk language to the sea. I can’t tell you which tree you take the bark from. It’s a secret tree and I’m not supposed to tell you that. That’s Gudang Yadhaykenu culture.
…
You can’t take too much from the reef. You can’t be greedy. The spirits are watching you. When we are on the sea you must be careful. If you are not, you might lose your catch. Or your motor stops. Or your boat capsizes.
He also described navigating when at sea, and some magic sites for hunting (at [77]-[79]):
When you are on the outer reef, Mt Adolphus looks like a matchbox. When you see it you will know where the mainland is, it is like a big compass. We don’t need a map to navigate. We use the stars, the moon and the tide for a compass. Some of those stars are called “The Shark”. If the Shark’s head is up, the weather is rough. If the Shark’s head is facing down, the weather is fine. There is the seven sisters (seven stars). If the seven sisters turn, there will be wind. The Milky Way will tell us the low tide and the high tide.
In January and February the wind and rain come from the west. The east side has no wind and rain in January and February. It’s a good time to go out. You can go out to March and, at the latest, April. After then it is too rough. The wind then turns and it goes north and east.
There are hunting magic sites on the coast. At the hunting magic sites, you talk by the water and tell it want you want. Then you go out and get luck. I can’t tell you where the magic sites are, but everyone knows where the magic site at Peak Point is because you can see it. For the others, it is a secret. I learned this from my father. He showed me the sea and he told me the stories.
Effects of post-colonial actions
Some of the connection material describes the oppressive and unjust practices of European authorities, such as the Director of Native Affairs, in forcibly removing people from their islands to Bamaga, on the mainland, so that those people could be forced to perform hard labour.
These aspects of Australia’s history must be told more widely. In the present context, what they demonstrate is that despite this kind of oppression, groups stayed connected to their country. Kaurareg man Rolford Nawia says (at [52] of his affidavit):
The DNA did not care about our country and our culture, but those uncles that we talked to over there, like Wees Newia, they told us, they said “that is your country, you go back there, it[’]s yours”.
Another Ankamuthi man, John Mark, explains a different but equally negative aspect of post-colonial Australia (at [52] of his witness statement):
My father was also an unlisted person working for the Australian Navy, I think in the 1920s. He worked on the HMAS Viking and the HMAS Morning Star. My father once saved the skipper of a navy surveillance ship. The skipper got burnt and my father and some other Aboriginal men from Mapoon, including late Alick Reed, they washed that naval skipper in saltwater which saved his life. Years later one of his grand-daughters came to the opening of a monument at Mapoon looking for the Mark family to thank them. We were living in New Mapoon at that time so she did not find us. My father was never recognised for his service in the navy because he was Aboriginal. That is very hurtful.
While this material might on one view not be regarded as central to the Court’s explanation of the orders made today, on another view, it is important for the Court to acknowledge expressly all aspects of the personal stories, and lived experiences, of the claim group members who have taken the time to give evidence in the connection affidavits, including about very personal stories for them.
THE APPLICABLE REQUIREMENTS OF SECTION 87A
Section 87A of the NTA provides that the Court may make a determination of native title by consent without holding a hearing where:
(1)there is a proceeding in relation to an application for a determination of native title (NTA s 87A(1)(a));
(2)after the period specified in the notice given under NTA s 66 has ended, there is an agreement in writing for a proposed determination of native title in relation to part, but not all, of the application area (NTA s 87A(1)(b));
(3)all those who are set out in sub-s 87A(1)(c) who are parties to the proceeding are also parties to the s 87A agreement (NTA s 87A(1)(c));
(4)the terms of the agreement are in writing and signed by, or on behalf of, the requisite persons (NTA s 87A(1)(d));
(5)the Court considers that an order in, or consistent with, the terms of the proposed determination would be within the power of the Court (NTA s 87A(4)(a)); and
(6)the Court considers that it would be appropriate to make the orders sought (NTA s 87A(4)(b)).
For the reasons that follow, I am satisfied that each of those criteria is satisfied in relation to this determination.
Pre-requisites of sub-s 87A(1)
Each of the Torres Strait and Northern Cape proceedings is an application for the determination of native title made under s 61(1) of the NTA and therefore a “claimant application” in the meaning given to that term in s 253 of the NTA. The criterion in s 87A(1)(a) is therefore satisfied.
Each of the Torres Strait and Northern Cape proceedings has been notified by the Registrar of the National Native Title Tribunal, pursuant to s 66 of the NTA. Each of the periods specified in the notices that the Registrar issued in respect of the proceedings has ended, the most recent of these periods (that for Part C of the Regional Seas Claim) ending on 23 November 2022. The s 87A agreement filed on 24 November 2022 is a written agreement that proposes determinations of native title in relation to only part of each of the claim areas in the proceedings. The criteria in s 87A(1)(b) are therefore satisfied.
The s 87A agreement is signed by all of the persons specified in s 87A(1)(c), namely each applicant, each registered native title claimant and each person who claims to hold native title in the determination areas who is currently a party to any of the proceedings and whose interest is affected by the determination, the Aboriginal/Torres Strait Islander bodies that are parties to the proceedings, the persons who currently hold interests in relation to land or waters in the determination areas, the Commonwealth, the State and the local government bodies that are parties to any of the proceedings. The criteria in s 87A(1)(c) and s 87A(1)(d) are therefore satisfied.
Whether the orders are within the Court’s power
The applicants in these proceedings submit that it is within the Court’s power to make orders in terms consistent with the s 87A agreement because:
(1)each of the applications in the proceedings is an application validly made under s 61(1) of the NTA;
(2)there is no approved determination of native title in relation to any of the areas subject of the proposed determination;
(3)although Parts B and C of the Torres Strait Regional Seas Claim overlap the North Eastern Peninsula Sea Claim and the Kaurareg #1 claim, the Torres Strait and Northern Cape proceedings are the subject of orders made under s 67(1) of the NTA to enable the Court to deal with the proceedings together, as noted above at [41] and [46];
(4)the form of the proposed determination complies with s 94A and s 225 of the NTA, in that it specifies the identity of the persons who hold native title in the determination areas, the nature and extent of that native title, the nature and extent of any other interests in the area, the relationship between the native title and the other interests and whether the native title includes rights of exclusive possession; and
(5)the other requirements of s 87A of the NTA are also satisfied.
I accept that submission.
Whether it is appropriate to make the orders sought
The applicants in these proceedings submit that the Court should be satisfied that the orders sought in relation to the determination are appropriate because:
(1)the parties to the s 87A agreement have entered into that agreement freely and with the benefit of legal representation; and
(2)the State and the Commonwealth are satisfied as to the cogency of the applicants’ evidence about their authorisation and the connection of the claim groups to the land and waters subject of the determination, and the State has played an active role in the negotiation of the s 87A agreement on the basis of that satisfaction and on the basis of its analysis of the extent to which native title in the determination areas has been extinguished or impaired by other interests.
In reasons for a determination in favour of the Nanda People in Western Australia, I set out my approach to the question of “appropriateness” and the Court’s function: see Drury on behalf of the Nanda People v State of Western Australia [2018] FCA 1849 at [52]-[56], by reference to earlier authorities. In Taylor on behalf of the Yamatji Nation Claim v State of Western Australia [2020] FCA 42 at [63]-[65], I explained the particular importance of the role of the State in the consent determination process. As I have done in relation to consent determinations made in other proceedings before me, I adopt and apply the observations I made in Drury and Taylor here.
I am satisfied that the evidence adduced in support of the determination demonstrates that the parties have undertaken a thorough and careful approach to the descriptions of the native title holders and the authorisation of the applicants, and that there is a credible basis for connection of the claim group members to the land and waters subject of the determination, which was capable of being accepted by the State and other respondents. I afford considerable weight to the State’s support for the s 87A agreement, given the important role that the State plays in the recognition and preservation of native title and other interests within an area subject to a native title claimant application. In these circumstances, I am satisfied that it is appropriate for this Court to make orders in the terms sought by the parties to these proceedings.
NOMINATION OF PRESCRIBED BODIES CORPORATE
In relation to the native title proposed to be determined in offshore areas below the high-water mark in the claim areas of the various proceedings, each claim group in the Torres Strait and Northern Cape proceedings has passed a resolution directing its respective applicant to nominate the NCTSUIC as the prescribed body corporate to hold their native title as an agent for the native title holding group.
In relation to the native title proposed to be determined in favour of the Ankamuthi People in the parts of the determination area above the high-water mark, the Northern Peninsula Sea Claim applicant has nominated the Seven Rivers Aboriginal Corporation RNTBC (ICN 8522) as the prescribed body corporate to hold that native title on trust, and the applicant has filed a copy of that nomination and a copy of the SRAC’s written consent to the nomination.
In relation to the native title proposed to be determined in favour of the Gudang Yadhaykenu People in the parts of the determination area above the high-water mark, the North Eastern Sea Claim applicant has nominated the Gudang Yadhaykenu Native Title Aboriginal Corporation (ICN 9801) as the prescribed body corporate to hold that native title on trust, and the applicant has filed a copy of that nomination and a copy of the GYNTAC’s written consent to the nomination.
In these circumstances, the Court is satisfied that the nomination of each of the prescribed bodies corporate is appropriate.
CONCLUSION
The Court’s orders today mark a truly momentous occasion. The orders come after a long battle to have native title in sea country in this region recognised, and after years of debate within and between groups about the best way to approach sea country claims. The Court’s orders come after an intensive period of several years where First Nations people themselves have chosen how these claims would be resolved, and have come together in a united way not seen before in the native title jurisdiction between the people of the Torres Strait and those of the Northern Cape. Today is a milestone step in the unity and the autonomy of Torres Strait Islanders and the people of the Northern Cape about how their sea country is to be managed and protected for the benefit of future generations, while preserving customary ways and practices.
So many people have contributed to this outcome. The Court acknowledges the leadership of members of the applicant for each claim, and the claim group members who have faithfully and tirelessly continued to attend meetings and negotiations over such a long period of time and have remained dedicated to securing an outcome. The Court recognises in particular the contribution of the working group members over the last few years, and the claim group members who have been willing to put their personal and family stories and histories into writing in the affidavit evidence.
The Court thanks the lawyers for the applicants, and the staff of the representative bodies who have carefully advised and supported their clients throughout. The anthropologists referred to in these reasons have also been crucial to the outcome today; all of these experts have dedicated a large portion of their professional lives to assisting and supporting First Nations Peoples in this region. The Court acknowledges the important role played by Mr Murrandoo Yanner in mediations since October 2020. The expert staff of the National Native Title Tribunal who provide mapping for use in negotiations, and then in the determination, have been invaluable. The lawyers for the State have played a pivotal and essential role. The legal representatives of other respondents have acted properly in supporting the negotiated outcome. The Court’s staff in the Native Title Unit have always provided impeccable support, as have my Associates over the last eight years. I extend my thanks to my former colleague, Justice Andrew Greenwood, for his careful case management of Part B of the Torres Strait Regional Seas Claim until 2017.
I reserve my special thanks for the dedicated Registrars of this Court who have assisted me in these proceedings since my first involvement in 2017. First, Registrar Christine Fewings, now the National Native Title Tribunal Registrar but, prior to that, the person who introduced me to the Court’s native title work, and to the people and country of this region. From the middle of 2018, Judicial Registrar Simon Grant has been indispensable in all aspects of case management and mediation, and whose quiet, good-humoured, firm and thorough work has guided all parties.
This determination should serve as an inspiration to other native title claimants, State and federal government, and third party interest holders, of what First Nations-led negotiations are capable of achieving. The Court is proud to preside over this outcome.
I certify that the preceding one hundred and seventy-seven (177) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Mortimer. Associate:
Dated: 30 November 2022
SCHEDULE OF RESPONDENTS
QUD 114 of 2017
QUD 115 of 2017
QUD 10 of 2019
QUD 24 of 2019
QUD 26 of 2019
QUD 27 of 2019QUD 227 of 2022
Commonwealth of Australia
Australian Maritime Safety Authority
Torres Shire Council
Cook Shire Council
Northern Peninsula Area Regional Council
Torres Strait Island Regional Council
Ergon Energy Corporation Limited
Telstra Corporation Limited (ACN 33 051 775 556)
Amplitel Pty Ltd as trustee of the Towers Business Operating Trust ABN 75 357 171 746
Far North Queensland Ports Corporation Limited (trading as Ports North) ACN 131 836 014
Rio Tinto Aluminium Limited ACN 009 679 127
RTA Weipa Pty Ltd ACN 137 266 285
Lui Ned David
Kiwat Lui
Mabel Moore
Raymond Moore
Elfreda Petrou
Theophanis Petrou
Roko Pearls Pty Ltd
Bruce Ian Davey
Gregory James Neumann
Claudine Elizabeth Ward
Gary David Ward
Gregory Douglas Howard
Matt Quadrell
Danny George Brownlow
Beverley Joan Bruce
Guy Stewart Bruce
Carl Daguiar
Diaken Pty Ltd
Barry Ehrke
Robert George Giddins
Larry Hudson
Pamela Hudson
Dianne Maree Hughes
Phillip John Hughes
Richard Laurence Jones
Bob Lamacchia
Noel Lollback
Robert Bruce Lowden
MG Kallis Pty Ltd
Steven MacDonald
Markim Holdings t/a Barrier Reef Live Cray
John Stewart McKenzie
Kenneth James McKenzie
Mark Milward
Alison Newbold
Peter J Pahlke
Queensland Rock Lobster Association
Bruce Rose
Karen Skudder
Robert Stefan John Standen
Tasmanian Seafoods Pty Ltd
Neil Wade
Mark Willis
Barry Wilson
Gillian Jane Gilmore
Robert MacDonald Miller
Torres Pearls Pty Ltd
Johnson Moses Chippendale
Brian Gibson Macumboy
Keron Clinton Jomen Murray
Smithy Seriat Wilson
The Roman Catholic Trust Corporation for the Diocese of Cairns
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