Kowanyama People v State of Queensland

The Kowanyama People, represented by the Aboriginal Corporation, brought an action in the Federal Court of Australia to recognise their native title rights over certain areas of land and water. The State of Queensland was the respondent. The court was required to determine the existence and extent of the native title rights and interests held by the Kowanyama People over the claimed area, and to identify any other rights and interests that may coexist with the native title rights.

The court found that native title existed in relation to the Determination Area. It recognised the exclusive rights of the Kowanyama People to possess, occupy, use, and enjoy the land and waters to the exclusion of others, as well as their non-exclusive rights to access, traverse, camp, light fires, take traditional natural resources, and maintain and protect places of significance. The court also recognised the non-exclusive rights to hunt, fish, and gather from water for cultural, spiritual, personal, domestic, or communal purposes. The native title rights were subject to the laws of the state and commonwealth, as well as the traditional laws and customs of the Kowanyama People.

The court further recognised other rights and interests in the Determination Area, including those of the Kowanyama Aboriginal Council, the Kowanyama Cattle Company, Telstra Corporation, and the state and federal governments. It determined that these other rights and interests would continue to operate, and in cases of inconsistency, the native title rights would be suspended to the extent of the inconsistency. The court appointed the Aboriginal Corporation as the prescribed body corporate for the native title holders.

The final orders recognised the native title rights and interests of the Kowanyama People and set out the nature and extent of these rights, as well as the coexistence of other rights and interests in the area. The orders also appointed the Aboriginal Corporation as the prescribed body corporate for the native title holders. Each party was to bear its own costs.