Ross on behalf of the Cape York United #1 Claim Group v State of Queensland (No 2) (Kuuku Ya'u determination)

The case Ross on behalf of the Cape York United #1 Claim Group v State of Queensland (No 2) (Kuuku Ya'u determination) was a native title determination case heard in the Federal Court of Australia. The primary issue before the court was the determination of native title rights and interests of the Kuuku Ya’u People over specific land and waters in Queensland. The case also involved the nomination of a new prescribed body corporate to hold the native title in trust and perform related functions.

The court had to decide the scope and extent of the native title rights and interests of the Kuuku Ya’u People, including whether these rights were exclusive or non-exclusive, and how they interacted with other existing interests and rights over the land and waters. Additionally, the court needed to determine the appropriate prescribed body corporate to hold the native title in trust and to perform the functions associated with the native title.

The court determined that native title existed in the specified area, held by the Kuuku Ya’u People. The native title rights and interests included exclusive rights to possession, occupation, use, and enjoyment of certain areas, as well as non-exclusive rights to access, hunt, fish, gather, and conduct various cultural activities in other areas. The native title was subject to the laws of the State and the Commonwealth and the traditional laws and customs of the Kuuku Ya’u People. Importantly, the court clarified that there were no native title rights in relation to minerals and petroleum. The determination also recognised and detailed various other interests and rights over the land and waters, including those of the State of Queensland, local government authorities, corporations, and the public.

In terms of the prescribed body corporate, the court authorised the Kaapay Kuuyun Aboriginal Corporation to be the prescribed body corporate for the native title, responsible for holding the native title in trust and performing related functions under the Native Title Act 1993 (Cth). The court's orders ensured that the native title would be held in trust by this corporation and that it would perform the necessary functions after becoming a registered native title body corporate.