Weatherall on behalf of the Kooma People #4 Part A v State of Queensland

Case

[2014] FCA 662


Details
AGLC Case Decision Date
Weatherall on behalf of the Kooma People #4 Part A v State of Queensland [2014] FCA 662 [2014] FCA 662

CaseChat Overview and Summary

The Federal Court of Australia presided over by Rangiah J, determined a case involving a native title claim on behalf of the Kooma People in a specified area of approximately 31,865 square kilometres in southwest Queensland. The case was filed by Grace Weatherall, Cheryl Buchanan, Bill Chapman, Clarence Collis, Annette Daisy, Brett Leavy, Rosemary Lucas, Angus Mitchell, Jack Nelson and Mick Speedy, representing the Kooma People #4, seeking a determination of native title over the area. The respondents to the application included the State of Queensland, Telstra Corporation, Balonne Shire Council, Murweh Shire Council, Maranoa Regional Council and several pastoralists. The court determined that the Kooma People were the traditional owners of the land in the claim area and that the status existed since before European settlement. The determination was based on an agreement under s 87A of the Native Title Act 1993 (Cth) and covered the land and waters of the claim area. The court accepted that the agreement met all the requirements of the Act, including the provisions of s 225, and that the Kooma Aboriginal Corporation would be the prescribed body corporate for the purposes of s 56(1) of the Act. The court made orders in terms of the agreement reached by the parties.
Details

Areas of Law

  • Indigenous Peoples & Native Title Law

Legal Concepts

  • Native Title Determination

  • Native Title Rights and Interests

  • Consent Determination

  • Traditional Laws and Customs

  • Prescribed Body Corporate