Mabuiag People v State of Queensland [2000] FCA 1065

Mabuiag People v State of Queensland [2000] FCA 1065

The court recognises, by consent of all parties, that the Mabuiag people (Gumulgal) hold native title rights over Mabuiag Island and specified islets, having maintained traditional connection with the land, and that these rights exist concurrently with, and are subject to, specified other interests, including statutory, leasehold, and public utility interests.

Parties
Applicant: Mabuiag People; First Respondent: State of Queensland; Second Respondent: Torres Strait Regional Authority; Third Respondent: Telstra Corporation Limited; Fourth Respondent: Ergon Energy Corporation Limited; Fifth 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
Jurisdiction
Australia
Judgment Date
06 July 2000
Procedural Posture
Native Title Determination / Final Consent Determination
Outcome
Native title determined to exist in the determination area as described, held in trust by the Gumulgal (Torres Strait Islanders) Corporation.
Legal Topics
Native Title Determination, Recognition of Traditional Rights, Concurrent Interests, Extinguishment of Native Title
Native Title Property Law Native Title Determination Recognition of Traditional Rights Concurrent Interests Extinguishment of Native Title

Case Brief

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Parties

Mabuiag 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 Respondent

Procedural Posture

Native Title Determination / Final Consent Determination

Legal Issues

  1. 1 Whether native title exists in the determination area
  2. 2 Who holds the native title in respect of the land
  3. 3 Nature and extent of the native title rights and interests

Ratio Decidendi

The court recognises, by consent of all parties, that the Mabuiag people (Gumulgal) hold native title rights over Mabuiag Island and specified islets, having maintained traditional connection with the land, and that these rights exist concurrently with, and are subject to, specified other interests, including statutory, leasehold, and public utility interests.

Court Disposition

Native title determined to exist in the determination area as described, held in trust by the Gumulgal (Torres Strait Islanders) Corporation.

Orders

  • Declaration that native title exists in relation to the area described and shown in annexures.
  • Native title holders are the Gumulgal (Mabuiag people).