Wonga on behalf of the Wanyurr Majay People v State of Queensland

In the Federal Court of Australia, the case of Wonga on behalf of the Wanyurr Majay People v State of Queensland concerns the determination of native title over a specified area of land and waters in Queensland. The Wanyurr Majay People sought recognition of their native title rights and interests over the land and waters, which they claimed were part of their traditional lands. The State of Queensland acknowledged the native title rights and interests but disputed the extent of those rights. The primary issue before the court was the identification and extent of the native title rights and interests held by the Wanyurr Majay People over the claimed area.

The court examined the evidence provided by the Wanyurr Majay People, including historical, cultural, and traditional connections to the land, and determined that native title does exist over the specified area. The court outlined the specific rights and interests that constitute the native title, including non-exclusive rights to access the land, conduct traditional activities such as hunting and fishing, and maintain cultural sites. The native title rights were also defined in relation to water resources within the area. The court clarified that these rights are subject to the existing laws of the State and Commonwealth and are exercisable in accordance with traditional laws and customs. Importantly, the court noted that the native title rights do not confer exclusive possession and do not extend to minerals and petroleum as defined under Queensland legislation.

The court also addressed the relationship between the native title rights and other existing interests in the area, such as land use agreements, local government rights, and statutory reserves. The determination recognised that other interests, such as those under indigenous land use agreements and local government planning laws, may continue to operate and, where inconsistent, those other interests prevail over the native title rights. The court appointed the Wanyurr Majay Aboriginal Corporation as the prescribed body corporate to manage the native title rights and interests.

The final orders of the court included a determination of native title over the specified area, with the determination to take effect upon registration of an Indigenous Land Use Agreement. The orders also outlined the specific rights and interests of the native title holders, their relationship with other existing interests, and the appointment of the Wanyurr Majay Aboriginal Corporation as the prescribed body corporate. In the event the agreement is not registered within six months, the matter is to be listed for further directions.