Aplin on behalf of the Pitta Pitta People v State of Queensland [2012] FCA 883

Aplin on behalf of the Pitta Pitta People v State of Queensland [2012] FCA 883

The Court made the consent determination because the parties had freely reached an informed agreement after extensive negotiation, legal advice and anthropological and other research; the State and other respondents accepted the proposed orders; and the evidence established that the Pitta Pitta People comprise descendants of persons who occupied the claim area under traditional laws and customs at sovereignty, have continued to acknowledge and observe those laws and customs, and have maintained connection with the claim area since before 1788. It was therefore appropriate to recognise non-exclusive native title rights and interests in the areas identified in Schedule 3, subject to the...

Jurisdiction
Australia
Judgment Date
28 August 2012
Procedural Posture
Native Title Determination Application / Consent Determination
Outcome
Consent determination made recognising native title for the Pitta Pitta People in part of the determination area and determining that native title does not exist in the extinguished areas.
Legal Topics
['consent Determination of Native Title' 'non Exclusive Native Title Rights and Interests' 'extinguishment of Native Title' 'prescribed Body Corporate' 'indigenous Land Use Agreements' 'other Interests in Determination Area']
['native Title' 'indigenous Land Rights' 'federal Civil Procedure'] ['consent Determination of Native Title' 'non Exclusive Native Title Rights and Interests' 'extinguishment of Native Title' 'prescribed Body Corporate' 'indigenous Land Use Agreements' 'other Interests in Determination Area']

Case Brief

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Procedural Posture

Native Title Determination Application / Consent Determination

Legal Issues

  1. 1 ['Whether the Court should make consent orders determining the existence of native title for the Pitta Pitta People under the Native Title Act 1993 (Cth).' 'Whether the evidence established that the Pitta Pitta People are descended from persons who occupied the claim area under traditional laws and customs at the time of British sovereignty and have maintained connection with the claim area.' 'The nature and extent of native title rights and interests and their relationship with other rights and interests in the determination area.' 'Whether native title should be held on trust by the Pitta Pitta Aboriginal Corporation as the prescribed body corporate.']

Ratio Decidendi

The Court made the consent determination because the parties had freely reached an informed agreement after extensive negotiation, legal advice and anthropological and other research; the State and other respondents accepted the proposed orders; and the evidence established that the Pitta Pitta People comprise descendants of persons who occupied the claim area under traditional laws and customs at sovereignty, have continued to acknowledge and observe those laws and customs, and have maintained connection with the claim area since before 1788. It was therefore appropriate to recognise non-exclusive native title rights and interests in the areas identified in Schedule 3, subject to the...

Court Disposition

Consent determination made recognising native title for the Pitta Pitta People in part of the determination area and determining that native title does not exist in the extinguished areas.

Orders

  • ['There be a determination of native title in the terms set out in the Determination.' 'The Determination will take effect on the agreements referred to in item 1 of Schedule 7 being registered on the Register of Indigenous Land Use Agreements.' 'If those agreements are not registered within twelve months of the...