Dauan People v State of Queensland [2000] FCA 1064

Dauan People v State of Queensland [2000] FCA 1064

By consent and on the evidence, native title exists over Dauan Island in favour of the Dauan people, subject to specific exclusions and concurrent interests as set out in the determination, with the native title to be held in trust by the Dauanalgaw (Torres Strait Islanders) Corporation.

Parties
Applicant: Dauan People; First Respondent: State of Queensland; Second Respondent: Torres Strait Regional Authority; Third Respondent: Telstra Corporation Limited; Fourth Respondent: Ergon Energy Corporation Limited; Fifth Respondents: Al Moller-Nielsen, Barry Ehrke, Barry Wilson, Bernard Bradley, Bruce Rose, Carl D'Arguiar, Daryl O'Hanlon, Frank Swinburne, Mark Millward, Mark Willis, Neville Davies, Paul Green, Phillip Hughes
Jurisdiction
Australia
Judgment Date
06 July 2000
Procedural Posture
Native Title Determination / Consent Determination
Outcome
Consent determination of native title made. Native title exists over specified area. Native title to be held on trust by Dauanalgaw (Torres Strait Islanders) Corporation.
Legal Topics
Consent Determination, Communal and Group Rights, Statutory Interpretation, Coexistence of Interests
Native Title Property Law Consent Determination Communal and Group Rights Statutory Interpretation Coexistence of Interests

Case Brief

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Parties

Dauan People

Applicant

State of Queensland

First Respondent

Torres Strait Regional Authority

Second Respondent

Telstra Corporation Limited

Third Respondent

Ergon Energy Corporation Limited

Fourth Respondent

Al Moller-Nielsen, Barry Ehrke, Barry Wilson, Bernard Bradley, Bruce Rose, Carl D'Arguiar, Daryl O'Hanlon, Frank Swinburne, Mark Millward, Mark Willis, Neville Davies, Paul Green, Phillip Hughes

Fifth Respondents

Procedural Posture

Native Title Determination / Consent Determination

Legal Issues

  1. 1 Whether native title exists in relation to Dauan Island
  2. 2 Who holds the communal and group rights comprising native title
  3. 3 The nature and extent of native title rights and interests

Ratio Decidendi

By consent and on the evidence, native title exists over Dauan Island in favour of the Dauan people, subject to specific exclusions and concurrent interests as set out in the determination, with the native title to be held in trust by the Dauanalgaw (Torres Strait Islanders) Corporation.

Court Disposition

Consent determination of native title made. Native title exists over specified area. Native title to be held on trust by Dauanalgaw (Torres Strait Islanders) Corporation.

Orders

  • Native title exists in relation to the determination area on Dauan Island subject to specific exclusions.
  • The Dauanalgaw (Dauan people) are the common law holders.