Ross on behalf of the Cape York United #1 Claim Group v State of Queensland (No 13) (NCY#2 independent parcels determination)

In the Federal Court of Australia, the case of Ross on behalf of the Cape York United #1 Claim Group v State of Queensland (No 13) involved a native title determination concerning parcels of land in northern Cape York. The central issue before the court was the nomination of a prescribed body corporate (PBC) for the land parcels identified in the NCY#2 determination area. The court had to determine whether the nomination of the Mokwiri Aboriginal Corporation as the PBC was appropriate and in conformity with the Native Title Act 1993 (Cth). The decision also involved the recognition and delineation of native title rights and interests within the specified areas.

The court found that the nomination of the Mokwiri Aboriginal Corporation was appropriate and adhered to the requirements of the Native Title Act. The determination confirmed the existence of native title over the specified parcels of land and waters, held by the Northern Cape York #2 Native Title Holders. The court detailed the nature and extent of the native title rights and interests, which included rights to possession, occupation, use, and enjoyment of the land and waters for various purposes such as hunting, fishing, and conducting cultural activities. The determination also outlined the relationship between the native title rights and interests and other existing interests, such as those arising from telecommunications leases, mining agreements, and public rights.

The final determination included the appointment of the Mokwiri Aboriginal Corporation as the PBC for the native title holders. This decision provided further certainty to the Cape York United #1 Claim Group's native title claims, expanding the recognition of their native title to include parcels of land previously undetermined. The court expressed its satisfaction with the nomination and the outcome, acknowledging the persistence and patience of the native title group throughout the process. The orders included the formal determination of native title rights and interests, the nomination of the PBC, and the costs of the proceedings to be borne by each party involved.