Ross on behalf of the Cape York United #1 Claim Group v State of Queensland (No 11) (Atambaya determination)

The case involves a native title claim by the Cape York United #1 Claim Group against the State of Queensland. This particular proceeding concerns the Atambaya determination within the Cape York United #1 claim area. The court was required to decide on the nomination of new prescribed body corporates (PBCs) for each of the Atambaya, Gudang Yadhaykenu, and NCY#2 identified parcels determination areas. The court considered the nomination process and whether each PBC had provided its consent to the nomination, as described by Ms Malyon in the 2022 Malyon affidavit.

The court found that the nomination of each PBC was appropriate as each had been nominated by the respective native title group and had provided consent. The court acknowledged the complexity of the proceeding, the cooperation among parties, and the significant contributions of the applicant, the State of Queensland, and other parties involved. The court also commended the mediation and case management efforts of National Judicial Registrar Stride. The court emphasized the importance of each native title determination for First Nations peoples and highlighted the progress made despite the challenges posed by the COVID-19 pandemic.

The court made a determination of native title in favour of the Atambaya People, specifying the extent and nature of their native title rights and interests. The court appointed the Atambaya Native Title Aboriginal Corporation as the PBC for the Atambaya People. The court also ordered that certain Indigenous Land Use Agreements and other interests be recognized and that each party bear its own costs.