Queensland native title case makes history

November 30, 2022 05:38 PM AEDT | By AAPNEWS
Image source: AAPNEWS

Thirty years after Eddie Koiki Mabo's historic land rights win, another native title milestone is being celebrated in far north Queensland.

The Federal Court on Wednesday formally recognised the native title rights of five traditional owner groups over land and sea across the Torres Strait and northern Cape York.

In a landmark case, native title consent determination was handed down for the Ankamuthi, Gudang Yadhaykenu, Kaurareg, Kemer Kemer Meriam and Kulkalgal peoples at the special hearing on Thursday Island.

It marked the first time First Nations peoples of the Torres Strait and Australia's mainland worked together to jointly seek native title recognition following an agreement between the groups in 2020.

"The court's orders today mark a truly momentous occasion," Justice Debra Mortimer said in her judgment on Wednesday.

"(First Nations people) ... have come together in a united way not seen before in the native title jurisdiction between the people of the Torres Strait and those of the northern Cape."

The joint native title claim covers more than 2500 hectares of land and about two million hectares of waters, the Queensland government said.

It is believed to be the largest sea claim determined in the country.

Claims in the region were first made in November 2001.

Seven separate and overlapping native title claims were resolved by the determination settlement.

"The procedural history of these claims is one of the longest and most complicated among the cases currently active in this court," Justice Mortimer said.

The determination not only recognises native title rights but also access and use of areas in the region to hunt, fish and gather resources while also protecting places and areas of importance.

Gudang Yadhaykenu man Bernard Charlie described what the area meant to him.

"When I come to my sea country, I sleep right. It feels like I'm in my lounge room, at home...I feel like I'm looked after," he said in Justice Mortimer's judgment.

Justice Mortimer added: "Many other claim group members provided similar accounts in their witness evidence.

"It is not possible in these reasons to capture the depth of feeling expressed in the evidence before the court."

Justice Mortimer handed down the determination on Thursday Island 30 years after native title history was first made.

The 1992 High Court success of Mr Mabo, a Meriam man, recognised native title in Australian law for the first time. 

"I can remember the emotion of that moment to this day. It was a feeling that we had honoured our ancestors and righted a past wrong," Father Simeon Kedd Noah, also a Meriam man, said in Justice Mortimer's judgment.

The federal government on Wednesday congratulated the five traditional owner groups as well as their legal representatives, Cape York Land Council and Gur A Baradharaw Kod Sea and Land Council.

The determination ensures Australia meets a target under the National Agreement on Closing the Gap, which aimed for a 15 per cent increase in sea country subject to Aboriginal and Torres Strait Islander legal rights and interests by 2030.

Native title is now recognised in more than 30 per cent of Queensland, with 181 claims finalised.

"Recognising native title is vital to Queensland's path towards reconciliation," Premier Annastacia Palaszczuk said.


Disclaimer

The content, including but not limited to any articles, news, quotes, information, data, text, reports, ratings, opinions, images, photos, graphics, graphs, charts, animations and video (Content) is a service of Kalkine Media Pty Ltd (“Kalkine Media, we or us”), ACN 629 651 672 and is available for personal and non-commercial use only. The principal purpose of the Content is to educate and inform. The Content does not contain or imply any recommendation or opinion intended to influence your financial decisions and must not be relied upon by you as such. Some of the Content on this website may be sponsored/non-sponsored, as applicable, but is NOT a solicitation or recommendation to buy, sell or hold the stocks of the company(s) or engage in any investment activity under discussion. Kalkine Media is neither licensed nor qualified to provide investment advice through this platform. Users should make their own enquiries about any investments and Kalkine Media strongly suggests the users to seek advice from a financial adviser, stockbroker or other professional (including taxation and legal advice), as necessary.
The content published on Kalkine Media also includes feeds sourced from third-party providers. Kalkine does not assert any ownership rights over the content provided by these third-party sources. The inclusion of such feeds on the Website is for informational purposes only. Kalkine does not guarantee the accuracy, completeness, or reliability of the content obtained from third-party feeds. Furthermore, Kalkine Media shall not be held liable for any errors, omissions, or inaccuracies in the content obtained from third-party feeds, nor for any damages or losses arising from the use of such content.
Kalkine Media hereby disclaims any and all the liabilities to any user for any direct, indirect, implied, punitive, special, incidental or other consequential damages arising from any use of the Content on this website, which is provided without warranties. The views expressed in the Content by the guests, if any, are their own and do not necessarily represent the views or opinions of Kalkine Media. Some of the images/music that may be used on this website are copyrighted to their respective owner(s). Kalkine Media does not claim ownership of any of the pictures displayed/music used on this website unless stated otherwise. The images/music that may be used on this website are taken from various sources on the internet, including paid subscriptions or are believed to be in public domain. We have made reasonable efforts to accredit the source wherever it was indicated as or found to be necessary.
This disclaimer is subject to change without notice. Users are advised to review this disclaimer periodically for any updates or modifications.


AU_advertise

Advertise your brand on Kalkine Media

Sponsored Articles


Investing Ideas

Previous Next
We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.