Hill on behalf of the Yirendali People v State of Queensland

The Federal Court of Australia was asked to decide on a claim for native title brought by the Yirendali People against the State of Queensland. The Yirendali People sought recognition of their native title rights over a specified area in Queensland. The central issue before the Court was whether the Court should exercise its discretionary power under section 87 of the Native Title Act 1993 (Cth) to make a negative determination, essentially ruling that native title did not exist over the claimed area. The Court had to consider whether the evidence supported the existence of native title, and if not, whether the statutory criteria for a negative determination were met.

The Court reviewed the evidence presented by both parties and concluded that the evidence did not support the existence of native title over the claimed area. The Court found that the traditional laws and customs of the Yirendali People, which are foundational to a native title claim, had not been continuously acknowledged and observed in the claimed area. Additionally, the Court determined that the criteria for a negative determination under section 87 of the Native Title Act were satisfied, leading to the conclusion that native title did not exist in relation to the Determination Area.

Accordingly, the Court made a determination that native title does not exist in the specified Determination Area, which encompasses the land and waters described in the Schedule to the determination. Both parties were ordered to bear their own costs. This decision effectively ends the native title claim by the Yirendali People over the specified area in Queensland.