Ross on behalf of the Cape York United #1 Claim Group v State of Queensland (No 24) (Olkola determination)

The Olkola determination case involved the Olkola People, represented by Ross, and the State of Queensland. The case revolved around the recognition of native title over certain lands and waters in Queensland, and the nomination of a prescribed body corporate (PBC) to manage these rights. The Federal Court was required to decide on the appropriate PBC for the Olkola determination, and whether the nomination process complied with the Native Title Act 1993 (Cth). The Court also needed to address the broader issues of native title determination, including the recognition of native title rights and interests, and the relationship between these rights and other existing interests in the land.

The Court found that the nomination of the Ut-Alkar Aboriginal Corporation as the PBC for the Olkola determination was appropriate, despite not being a unanimous decision. The Court was satisfied with the nomination process and rejected arguments to the contrary. The Court acknowledged the complex nature of the Cape York United #1 claim and the challenges in reaching agreements under s 87A for each native title holding group. The Olkola determination highlighted the importance of cooperation and goodwill between neighbours in achieving positive results. The Court commended the efforts of all parties involved in the proceeding, including the State of Queensland, legal representatives, and expert advisers.

The Court determined that native title exists in the determination area, held by the Olkola People. The nature and extent of the native title rights and interests were defined, including exclusive rights to possession, occupation, use, and enjoyment of certain areas, and non-exclusive rights such as access, hunting, fishing, and cultural activities. The Court also recognised the existence of other interests in the determination area, such as rights under Indigenous Land Use Agreements, pastoral leases, and public rights. The Court clarified the relationship between native title rights and interests and other interests, stating that other interests continue to have effect and prevail over native title rights and interests to the extent of any inconsistency.

The Court made several orders, including the determination of native title in the Olkola People, the nomination of the Ut-Alkar Aboriginal Corporation as the PBC, and the preservation of certain Indigenous Land Use Agreements. The Court also outlined the nature and extent of native title rights and interests, and the relationship between these rights and other interests in the determination area. The Court emphasised the importance of the continued progress of determinations within the Cape York United #1 proceeding area and acknowledged the contributions of all parties involved.