Yaegl People #2 v Attorney General of New South Wales

The Federal Court of Australia was asked to decide the terms of a native title determination for the Yaegl People, who sought recognition of their traditional rights and interests over certain lands and waters in New South Wales. The dispute involved the application of the Native Title Act 1993 (Cth) and the Native Title (New South Wales) Act 1994 (NSW), with the Yaegl People entering into an agreement with the Attorney-General of New South Wales under section 87A of the Native Title Act 1993 (Cth). The court was required to consider the nature and extent of the native title rights and interests, the identification of the native title holders, and the relationship between native title rights and other existing interests in the land and waters.

The court concluded that native title exists for the Yaegl People over specified land and waters, both onshore and offshore. The Yaegl People are defined as the descendants of certain apical ancestors and those who identify as Yaegl People according to their traditional laws and customs. The court recognised specific rights and interests of the native title holders, including the right to access, remain on, and traverse the land and waters, maintain and protect places of significance, and be accompanied by certain persons. However, the court also clarified that native title does not confer exclusive possession or control over access and use of the land and waters. Additionally, native title does not exist in respect of minerals and petroleum as defined by state legislation. The court further determined that other interests, such as Aboriginal land council interests, mining and petroleum interests, and public rights, continue to coexist with the native title rights and interests.

The court's determination sets out the terms of the native title rights and interests, identifies the Yaegl Traditional Owners Aboriginal Corporation RNTBC as the body to hold the native title rights and interests on trust, and outlines the relationship between native title rights and other existing interests. The court did not order any party to pay costs.