Hatfield on behalf of the Darumbal People v State of Queensland (No 3) [2016] FCA 723

Hatfield on behalf of the Darumbal People v State of Queensland (No 3) [2016] FCA 723

The Court found that members of the Darumbal People, as descendants of listed apical ancestors and as recognised by their community, possess native title rights and interests in the determination area under their traditional laws and customs. Extensive evidence established historical and ongoing connection and engagement with customs including use of, and spiritual relationship with, the land and waters. The parties' agreement, fulfilling statutory requirements, enables orders by consent under s 87A Native Title Act 1993 (Cth).

Parties
First Applicant: Alan Douglas Hatfield on behalf of the Darumbal People; Second Applicant: Pauline Cora; Third Applicant: Warren John Malone; Fourth Applicant: Rodney William Mann; Fifth Applicant: Amanda Meredith; Sixth Applicant: Vanessa Ross; First Respondent: State of Queensland; Second Respondent: Commonwealth of Australia; Third Respondent: Banana Shire Council; Fourth Respondent: Livingstone Shire Council; Fifth Respondent: Rockhampton Regional Council; Sixth Respondent: Ergon Energy Corporation Limited; Seventh Respondent: Telstra Corporation Limited; Eighth Respondent: Cheetham Salt Pty Ltd; Ninth Respondent: William Edward Hollier; Tenth Respondent: Jemena Queensland Gas Pipeline (1) Pty Ltd; Eleventh Respondent: Danny George Brownlow; Twelfth Respondent: Queensland Paw Paw Fruit Products
Jurisdiction
Australia
Judgment Date
21 June 2016
Procedural Posture
Application for Determination of Native Title / Final Determination by Consent Under S 87 a Native Title Act 1993 (cth)
Outcome
Native title exists in relation to parts of the determination area; consent orders made determining native title in accordance with section 87A Agreement; prescribed body corporate nominated.
Legal Topics
Determination of Native Title, Consent Orders, Traditional Law and Custom, Prescribed Body Corporate, Connection Evidence
Native Title Determination of Native Title Consent Orders Traditional Law and Custom Prescribed Body Corporate Connection Evidence

Case Brief

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Parties

Alan Douglas Hatfield on behalf of the Darumbal People

First Applicant

Pauline Cora

Second Applicant

Warren John Malone

Third Applicant

Rodney William Mann

Fourth Applicant

Amanda Meredith

Fifth Applicant

Vanessa Ross

Sixth Applicant

State of Queensland

First Respondent

Commonwealth of Australia

Second Respondent

Banana Shire Council

Third Respondent

Livingstone Shire Council

Fourth Respondent

Rockhampton Regional Council

Fifth Respondent

Ergon Energy Corporation Limited

Sixth Respondent

Telstra Corporation Limited

Seventh Respondent

Cheetham Salt Pty Ltd

Eighth Respondent

William Edward Hollier

Ninth Respondent

Jemena Queensland Gas Pipeline (1) Pty Ltd

Tenth Respondent

Danny George Brownlow

Eleventh Respondent

Queensland Paw Paw Fruit Products

Twelfth Respondent

Procedural Posture

Application for Determination of Native Title / Final Determination by Consent Under S 87 a Native Title Act 1993 (cth)

Legal Issues

  1. 1 Whether native title exists in the determination area
  2. 2 Whether the Court has power to make consent orders under s 87A Native Title Act 1993 (Cth)
  3. 3 Whether the Darumbal People are the native title holders under traditional law and custom

Ratio Decidendi

The Court found that members of the Darumbal People, as descendants of listed apical ancestors and as recognised by their community, possess native title rights and interests in the determination area under their traditional laws and customs. Extensive evidence established historical and ongoing connection and engagement with customs including use of, and spiritual relationship with, the land and waters. The parties' agreement, fulfilling statutory requirements, enables orders by consent under s 87A Native Title Act 1993 (Cth).

Court Disposition

Native title exists in relation to parts of the determination area; consent orders made determining native title in accordance with section 87A Agreement; prescribed body corporate nominated.

Orders

  • Determination of native title for specified parts of the area in favour of Darumbal People.
  • Native title held in trust by Darumbal People Aboriginal Corporation as prescribed body corporate.