Greenwool for and on behalf of the Kowanyama People v State of Queensland

In the Federal Court of Australia, Greenwool, acting on behalf of the Kowanyama People, brought a claim for a determination of native title against the State of Queensland. The Kowanyama People sought recognition of their traditional rights and interests over certain lands and waters, including the right to access and use the land for cultural, spiritual, and domestic purposes, and to conduct and teach cultural activities. The State of Queensland opposed the claim, arguing that certain activities and developments within the area would extinguish the native title rights.

The primary legal issue for the Court was whether native title existed over the claimed area, and if so, what the nature and extent of those rights and interests were. The Court had to determine whether the claimed rights and interests were consistent with the common law of Australia, as recognised in the Native Title Act 1993 (Cth), and whether those rights and interests had not been extinguished by inconsistent State or Commonwealth laws or regulations. Additionally, the Court had to consider the impact of previous Indigenous Land Use Agreements (ILUAs) on the native title rights.

The Court found that native title did exist over the claimed area, subject to certain limitations and exclusions. The Court held that the native title holders had non-exclusive rights to access and use the land and waters for cultural, spiritual, and domestic purposes, and to conduct and teach cultural activities, among other rights. However, the Court also found that the native title rights did not extend to minerals and petroleum, and were subject to certain other rights and interests, including pastoral leases and mining tenures. The Court further found that the native title rights and interests were not held in trust, and appointed the Abm Elgoring Ambung Aboriginal Corporation as the prescribed body corporate for the native title holders.

The Court ordered that the determination of native title would take effect upon the registration of certain ILUAs, and that in the event those agreements were not registered within six months, the matter would be listed for further directions. The Court also ordered that each party to the proceeding was to bear its own costs.