Ross on behalf of the Cape York United #1 Claim Group v State of Queensland (No 26) (Kowanyama People #2 determination)

The case involves Ross on behalf of the Cape York United #1 Claim Group as the applicant and the State of Queensland as the respondent, proceeding under the Native Title Act 1993 (Cth). The matter pertains to the determination of native title for the Kowanyama People in the Kowanyama People #2 determination. The central issues included the appropriateness of the State of Queensland as a respondent in proceedings under sections 84(4) and 87A(1)(c) of the Act and the nomination of a prescribed body corporate for the native title.

The Court found that despite the literal wording of section 84(4) of the Native Title Act, the State of Queensland could validly be named as a respondent. This decision was based on the reasoning that there was no irregularity or unlawfulness in doing so, and it was in line with the broader objectives of the Act to facilitate resolution of native title claims. The Court also addressed the nomination of the Kowanyama People, Kunjen Olkol and Olkola Aboriginal Corporation as the prescribed body corporate, highlighting its role in performing functions related to the native title as per section 57 of the Act.

The Court's determination recognises the existence of native title for the Kowanyama People over the specified area, outlines the nature and extent of the native title rights and interests, and clarifies the relationship between these rights and other existing interests in the area. It also specifies that the native title is not to be held on trust and designates the Kowanyama People, Kunjen Olkol and Olkola Aboriginal Corporation as the prescribed body corporate for the native title.

The Court orders that the native title determination be established as outlined, and each party is to bear its own costs. The determination also includes detailed descriptions of the native title holders, the determination area, and the nature and extent of other interests in the area, all of which are set out in the schedules attached to the decision.