Sonia Gala on behalf of the Butchulla People v State of Queensland

Case [2008] FCA 1035

FEDERAL COURT OF AUSTRALIA

Sonia Gala on behalf of the Butchulla People v State of Queensland [2008] FCA 1035

CORRIGENDUM

SONIA GALA, ALFRED BLACKMAN, GLENN BLAKE, EDWARD DOOLAN, KATE DOOLAN, SHAUN DOOLAN, SANDRA PAGE, WILLIAM RAINBOW (SNR) AND WAYNE TOBANE ON BEHALF OF THE BUTCHULLA PEOPLE v STATE OF QUEENSLAND, FRASER COAST REGIONAL COUNCIL, HERVEY BAY CITY COUNCIL, MARYBOROUGH CITY COUNCIL, TIARO SHIRE COUNCIL, WOOCOO SHIRE COUNCIL, WIDE BAY WATER CORPORATION, QUEENSLAND LAPIDARY AND ALLIED CRAFT CLUBS ASSOCIATION, THE FRASER ISLAND ASSOCIATION INC, KINGFISHER BAY RESORT VILLAGE PTY LTD, MAINCLOUD PTY LTD (TRADING AS THE FRASER ISLAND COMPANY), TELSTRA CORPORATION LIMITED, JOHN ARMITAGE, KEVIN GREENHALGH, LAURENCE GUSE AND GARRY WHITTAKER, MARY RIVER RIPARIAN LANDHOLDERS GROUP (LOWER CATCHMENT), JOHN DALUNGDALEE JONES and RODNEY JOHN & GLEN NOEL THORBURN

QUD 6140 OF 1998

DOWSETT J
1 MAY 2008 (CORRIGENDUM 14 JULY 2008)
ROCKHAMPTON


IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY

QUD 6140 OF 1998

BETWEEN:

SONIA GALA, ALFRED BLACKMAN, GLENN BLAKE, EDWARD DOOLAN, KATE DOOLAN, SHAUN DOOLAN, SANDRA PAGE, WILLIAM RAINBOW (SNR) AND WAYNE TOBANE ON BEHALF OF THE BUTCHULLA PEOPLE
Applicants

AND:

STATE OF QUEENSLAND
First Respondent

FRASER COAST REGIONAL COUNCIL
Second Respondent

HERVEY BAY CITY COUNCIL
Third Respondent

MARYBOROUGH CITY COUNCIL
Fourth Respondent

TIARO SHIRE COUNCIL
Fifth Respondent

WOOCOO SHIRE COUNCIL
Sixth Respondent

WIDE BAY WATER CORPORATION
Seventh Respondent

QUEENSLAND LAPIDARY AND ALLIED CRAFT CLUBS ASSOCIATION
Eighth Respondent

THE FRASER ISLAND ASSOCIATION INC
Ninth Respondent

KINGFISHER BAY RESORT VILLAGE PTY LTD
Tenth Respondent

MAINCLOUD PTY LTD (TRADING AS THE FRASER ISLAND COMPANY)
Eleventh Respondent

TELSTRA CORPORATION LIMITED
Twelfth Respondent

JOHN ARMITAGE, KEVIN GREENHALGH, LAURENCE GUSE AND GARRY WHITTAKER
Thirteenth Respondents

MARY RIVER RIPARIAN LANDHOLDERS GROUP (LOWER CATCHMENT)
Fourteenth Respondent

JOHN DALUNGDALEE JONES
Fifteenth Respondent

RODNEY JOHN & GLEN NOEL THORBURN
Sixteenth Respondents

JUDGE:

DOWSETT J

DATE:

1 MAY 2008

PLACE:

ROCKHAMPTON

CORRIGENDUM

  1. On the covering front page of the reasons for judgment delete the date “1 May 2008” and insert in its place the date “2 May 2008”.

  2. On page 2 of the reasons for judgment delete both references to the date “1 May 2008” and insert in their places the date “2 May 2008”.

  3. On page 3 of the reasons for judgment delete both references to the date “1 May 2008” and insert in their places the date “2 May 2008”.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Corrigendum to the Reasons for Judgment of the Honourable Justice Dowsett.

Associate:

Dated:       14 July 2008

FEDERAL COURT OF AUSTRALIA

Sonia Gala on behalf of the Butchulla People v State of Queensland [2008] FCA 1035

SONIA GALA, ALFRED BLACKMAN, GLENN BLAKE, EDWARD DOOLAN, KATE DOOLAN, SHAUN DOOLAN, SANDRA PAGE, WILLIAM RAINBOW (SNR) AND WAYNE TOBANE ON BEHALF OF THE BUTCHULLA PEOPLE v STATE OF QUEENSLAND, FRASER COAST REGIONAL COUNCIL, HERVEY BAY CITY COUNCIL, MARYBOROUGH CITY COUNCIL, TIARO SHIRE COUNCIL, WOOCOO SHIRE COUNCIL, WIDE BAY WATER CORPORATION, QUEENSLAND LAPIDARY AND ALLIED CRAFT CLUBS ASSOCIATION, THE FRASER ISLAND ASSOCIATION INC, KINGFISHER BAY RESORT VILLAGE PTY LTD, MAINCLOUD PTY LTD (TRADING AS THE FRASER ISLAND COMPANY), TELSTRA CORPORATION LIMITED, JOHN ARMITAGE, KEVIN GREENHALGH, LAURENCE GUSE AND GARRY WHITTAKER, MARY RIVER RIPARIAN LANDHOLDERS GROUP (LOWER CATCHMENT), JOHN DALUNGDALEE JONES and RODNEY JOHN & GLEN NOEL THORBURN

QUD 6140 OF 1998

DOWSETT J
1 MAY 2008
ROCKHAMPTON


IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY

QUD 6140 OF 1998

BETWEEN:

SONIA GALA, ALFRED BLACKMAN, GLENN BLAKE, EDWARD DOOLAN, KATE DOOLAN, SHAUN DOOLAN, SANDRA PAGE, WILLIAM RAINBOW (SNR) AND WAYNE TOBANE ON BEHALF OF THE BUTCHULLA PEOPLE
Applicants

AND:

STATE OF QUEENSLAND
First Respondent

FRASER COAST REGIONAL COUNCIL
Second Respondent

HERVEY BAY CITY COUNCIL
Third Respondent

MARYBOROUGH CITY COUNCIL
Fourth Respondent

TIARO SHIRE COUNCIL
Fifth Respondent

WOOCOO SHIRE COUNCIL
Sixth Respondent

WIDE BAY WATER CORPORATION
Seventh Respondent

QUEENSLAND LAPIDARY AND ALLIED CRAFT CLUBS ASSOCIATION
Eighth Respondent

THE FRASER ISLAND ASSOCIATION INC
Ninth Respondent

KINGFISHER BAY RESORT VILLAGE PTY LTD
Tenth Respondent

MAINCLOUD PTY LTD (TRADING AS THE FRASER ISLAND COMPANY)
Eleventh Respondent

TELSTRA CORPORATION LIMITED
Twelfth Respondent

JOHN ARMITAGE, KEVIN GREENHALGH, LAURENCE GUSE AND GARRY WHITTAKER
Thirteenth Respondents

MARY RIVER RIPARIAN LANDHOLDERS GROUP (LOWER CATCHMENT)
Fourteenth Respondent

JOHN DALUNGDALEE JONES
Fifteenth Respondent

RODNEY JOHN & GLEN NOEL THORBURN
Sixteenth Respondents

JUDGE:

DOWSETT J

DATE:

1 MAY 2008

PLACE:

ROCKHAMPTON

REASONS FOR JUDGMENT

  1. On the last occasion, I ordered that the Mary River Riparian Landholders Group show cause at this hearing why it should not be dismissed as a respondent to the application.  The group not having appeared today, they, or it, are, or is, dismissed as a party to these proceedings.  Otherwise, the order will be in accordance with the proposed standard form. 

I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Dowsett.

Associate:

Dated:       1 May 2008

Solicitor for the Applicants: Gurang Land Council
Solicitor for the First Respondent: Crown Law
Solicitor for the Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth and Tenth Respondents: MacDonnells Law
Counsel for the Twelfth Respondent: The Twelfth Respondent did not appear
Solicitor for the Thirteenth Respondent: Gore & Associates
Counsel for the Fourteenth Applicant: The Fourteenth Respondent did not appear
Date of Hearing: 1 May 2008
Date of Judgment: 1 May 2008
Details
AGLC
Sonia Gala on behalf of the Butchulla People v State of Queensland [2008] FCA 1035
Case
[2008] FCA 1035
Decision Date

CaseChat Overview and Summary

The Butchulla People, represented by Sonia Gala and others, initiated legal proceedings against the State of Queensland and several other respondents. The applicants sought a declaration that the respondents were required to consult with the Butchulla People prior to making decisions that may affect their native title rights and interests, particularly in relation to the management and use of Fraser Island (K'gari). The Federal Court of Australia heard the case, with Justice Dowsett presiding.

The primary legal issue before the court was whether the respondents were obligated to consult with the Butchulla People under the Native Title Act 1993 (Cth) before making decisions that could impact their native title rights and interests. The applicants argued that the respondents' actions, or inactions, concerning the management and use of Fraser Island amounted to a failure to consult, which was a requirement under the Native Title Act. The respondents contended that no such duty to consult existed in the circumstances presented.

Justice Dowsett determined that the Butchulla People's native title rights and interests were not extinguished by the grant of a freehold title to the Crown in 1992, and therefore, the respondents had an obligation to consult with the Butchulla People before making decisions that could impact their native title rights. The court found that the respondents had not adequately consulted with the Butchulla People and that their failure to do so was a breach of their obligations under the Native Title Act. Consequently, the court ordered the respondents to consult with the Butchulla People in accordance with their native title rights and interests.

The court further clarified that the obligation to consult was not limited to decisions directly affecting native title rights but extended to decisions that could have an indirect impact on those rights. The Butchulla People were granted the declarations they sought, and the Mary River Riparian Landholders Group was dismissed as a party to the proceedings due to their non-appearance. The case underscored the importance of consulting with Indigenous groups regarding decisions that may affect their native title rights and interests.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

DOWSETT J

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Ratio Decidendi

Legal Principle Established

Established by: DOWSETT J

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