Doyle on behalf of the Kalkadoon People #4 v State of Queensland (No 3)
Case
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[2011] FCA 1466
•12 December 2011
Details
AGLC
Case
Decision Date
Doyle on behalf of the Kalkadoon People #4 v State of Queensland (No 3) [2011] FCA 1466
[2011] FCA 1466
12 December 2011
CaseChat Overview and Summary
Doyle on behalf of the Kalkadoon People #4 v State of Queensland (No 3) is a case where the Kalkadoon People, as the native title holders, sought determination of their native title rights over a specified area in Queensland. The Federal Court was tasked with delineating the extent of the Kalkadoon People's native title, including areas where the title is exclusive or non-exclusive, and areas where it has been extinguished due to past acts of exclusive possession. The court had to consider the legal framework provided by the Native Title Act 1993 (Cth) and the Native Title (Queensland) Act 1993 (Qld), alongside the specific historical and geographical context of the claim. In its decision, the court outlined the specific parcels of land and waters where the Kalkadoon People's native title was found to be exclusive or non-exclusive, and areas where it had been extinguished due to certain legislative acts, such as the construction of infrastructure and mining activities. The court also determined the Kalkadoon Native Title Aboriginal Corporation as the body corporate to manage the native title holders' affairs and to act as their agent. The orders stipulated that the determination would take effect upon the registration of certain Indigenous Land Use Agreements (ILUAs) and specified the functions and responsibilities of the Kalkadoon Native Title Aboriginal Corporation once it became a registered native title body corporate. Additionally, the court set out the rights and interests of various entities, including local government councils, mining companies, and the public, which coexist with the native title rights. The orders also included provisions for the management of costs and the need for further court directions if the specified ILUAs were not registered within six months. This case underscores the complexity of native title determinations, balancing the rights of native title holders with other existing land interests and statutory rights.
Details
Key Legal Topics
Areas of Law
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Indigenous Peoples & Native Title Law
Legal Concepts
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Native Title
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Native Title Act 1993
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Indigenous Land Use Agreements
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Most Recent Citation
Stanbroke Pty Ltd v Queensland [2023] FCA 227
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