Prior on behalf of the Juru (Cape Upstart) People v State of Queensland (No 2)

This case involves the Juru people, represented by Renarta Prior and others, who sought a determination of their native title rights over a specified area. The State of Queensland was the respondent. The dispute centred on the legal framework for the determination and recognition of native title rights in the area, particularly concerning the need for individual signatories and the implementation of indigenous land use agreements.

The court had to determine whether the requirement for individual signatories, as outlined in section 24CD(1) and (2) of the Native Title Act 1993 (Cth), could be met by one representative signing on behalf of all native title holders. The court also needed to consider the implications of indigenous land use agreements on the determination process and the rights and interests of other parties involved, including Ergon Energy Corporation Ltd, Whitsunday Regional Council, and the State of Queensland.

The court found that the interpretation of section 24CD(1) and (2) by Reeves J was correct and that it was not necessary for all individual native title holders to sign the agreements. One representative could sign on behalf of all, provided the agreements were properly executed. The court was satisfied with the resolution achieved by the parties, which protected the Juru people's rights and interests through both their own legal system and the court’s orders.

The court made a consent determination recognising the native title rights of the Juru people over the specified area. The determination included the establishment of the Kyburra Munda Yalga Aboriginal Corporation as the prescribed body corporate. The orders also provided for the holding of native title in trust, the registration of indigenous land use agreements, and the management of costs. If the agreements were not registered within six months, the matter would be listed for further directions.