Ross on behalf of the Cape York United #1 Claim Group v State of Queensland (No 16) (Central West Wik 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 16) (Central West Wik determination) involved a dispute over native title rights for the Central West Wik People. The court was required to determine whether the native title claims of the Central West Wik People were valid and, if so, to what extent these claims applied to the specified land and water areas. Additionally, the court had to decide on the appropriate prescribed body corporate (PBC) for the native title holders.

The court found that native title did indeed exist for the Central West Wik People over the specified land and water areas. The court determined that the native title rights included exclusive rights to possess, occupy, use, and enjoy the land to the exclusion of others, except for water where the rights were non-exclusive for personal, domestic, and non-commercial communal purposes. The native title also included non-exclusive rights to access, hunt, fish, gather, and perform cultural activities on the land and water. The court further clarified that these rights were subject to the laws of the state and Commonwealth, and the traditional laws and customs of the native title holders. Importantly, the court found that there were no native title rights over minerals and petroleum.

Regarding the prescribed body corporate, the court was satisfied that the nominated PBCs for the Atambaya, Central West Wik, Taepithiggi, Umpila, and Weipa Peninsula People were appropriately nominated, as each PBC had provided its consent. The Ngan Aak-Kunch Aboriginal Corporation RNTBC was appointed as the PBC for the Central West Wik People.

The court also addressed various other interests in the determination area, such as those under Indigenous Land Use Agreements, pastoral leases, telecommunications rights, and infrastructure rights. It was established that these other interests would continue to operate, and where inconsistent, the native title rights would be subordinate.

In conclusion, the court's orders recognised the native title rights of the Central West Wik People and established the Ngan Aak-Kunch Aboriginal Corporation RNTBC as the prescribed body corporate. The court commended the efforts of all parties involved in achieving this determination and highlighted the significance of this decision for the recognition and rights of the Central West Wik People.