Masig People v State of Queensland [2000] FCA 1067

Masig People v State of Queensland [2000] FCA 1067

The Court was satisfied that historical and other material established the Masig people as a separate and distinct people with descent from the people of Masig and Damuth at annexation, continuing identification with their traditional lands, ongoing customary exchange relations, adherence to traditional principles, laws and customs concerning land tenure, and no dispossession by British or Australian governments. Together with the parties' agreement recognising other interests, this made it proper to determine that native title exists and is held by the Masigalgal, with the rights, limitations and trust arrangement stated in the orders.

Jurisdiction
Australia
Judgment Date
07 July 2000
Procedural Posture
Native Title Determination Applications / Consent Determination
Outcome
Native title determined by consent to exist in the determination area, with the Masigalgal identified as the common law holders and the native title to be held in trust by the Masigalgal (Torres Strait Islanders) Corporation.
Legal Topics
['existence of Native Title' 'communal and Group Native Title Rights' 'traditional Laws and Customs' 'other Interests in Determination Area' 'native Title Held in Trust']
['native Title' 'indigenous Law' 'land Law'] ['existence of Native Title' 'communal and Group Native Title Rights' 'traditional Laws and Customs' 'other Interests in Determination Area' 'native Title Held in Trust']

Case Brief

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Procedural Posture

Native Title Determination Applications / Consent Determination

Legal Issues

  1. 1 ['Whether, notwithstanding the consent of all parties, the Court should be satisfied under the Native Title Act 1993 (Cth) that it is proper to make the proposed determination of native title.' 'Whether native title exists in relation to Masig Island, Damuth Island and the surrounding islands, and who holds the communal and group rights comprising that native title.' 'What native title rights and interests exist, how they relate to other interests in the determination area, and whether the native title should be held in trust.']

Ratio Decidendi

The Court was satisfied that historical and other material established the Masig people as a separate and distinct people with descent from the people of Masig and Damuth at annexation, continuing identification with their traditional lands, ongoing customary exchange relations, adherence to traditional principles, laws and customs concerning land tenure, and no dispossession by British or Australian governments. Together with the parties' agreement recognising other interests, this made it proper to determine that native title exists and is held by the Masigalgal, with the rights, limitations and trust arrangement stated in the orders.

Court Disposition

Native title determined by consent to exist in the determination area, with the Masigalgal identified as the common law holders and the native title to be held in trust by the Masigalgal (Torres Strait Islanders) Corporation.

Orders

  • ['Native title exists in relation to the determination area comprising the land and inland waters of Masig (Yorke) Island, Kadal (Kodall) Islet, Umaga (Keats) Island, Igaba (Marsden) Island, Kabbikane Islet, Mimay (Mimi) Islet, Aukane Islet, Yau (Layoak) Islet, Mauar (Rennel) Island, Roag (Smith) Cay, Damuth...