Mualgal People v State of Queensland [1999] FCA 157

Mualgal People v State of Queensland [1999] FCA 157

The Court determined that native title exists in respect of Moa Island, except for specified excluded areas, and is held by the Mualgal people as descendants and recognized members in accordance with traditional laws and customs, with the nature and extent of rights as agreed by the parties, subject to specified statutory and other interests and in accordance with s 87 of the Native Title Act 1993 (Cth).

Parties
Applicant: Mualgal People; First Respondent: State of Queensland; Second Respondent: Telstra Corporation Limited; Third Respondent: Torres Strait Regional Authority; Fourth Respondent: St Pauls Island Council; Fifth Respondent: Naga People; Sixth Respondent: Kaurareg People; Seventh Respondent: Robert Sagigi; Eighth Respondent: Gary Duff, Mark Millward and Raymond Moore; Ninth Respondent: Michael Clinch, Norman Clinch and Geoffrey McKenzie
Jurisdiction
Australia
Judgment Date
12 February 1999
Procedural Posture
Native Title Determination Application / Final Determination on Consent
Outcome
Native title determined to exist; orders made by consent per agreement of the parties
Legal Topics
Recognition of Native Title Rights, Determination of Rights and Interests, Concurrent Interests, Traditional Ownership, Prescribed Body Corporate, Exclusion of Certain Areas From Native Title
Native Title Property Law Aboriginal and Torres Strait Islander Law Recognition of Native Title Rights Determination of Rights and Interests Concurrent Interests Traditional Ownership Prescribed Body Corporate +1 more

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Parties

Mualgal People

Applicant

State of Queensland

First Respondent

Telstra Corporation Limited

Second Respondent

Torres Strait Regional Authority

Third Respondent

St Pauls Island Council

Fourth Respondent

Naga People

Fifth Respondent

Kaurareg People

Sixth Respondent

Robert Sagigi

Seventh Respondent

Gary Duff, Mark Millward and Raymond Moore

Eighth Respondent

Michael Clinch, Norman Clinch and Geoffrey McKenzie

Ninth Respondent

Procedural Posture

Native Title Determination Application / Final Determination on Consent

Legal Issues

  1. 1 Does native title exist over Moa Island for the Mualgal People under s 87 of the Native Title Act 1993 (Cth)?
  2. 2 Who are the persons holding native title rights and interests in the determination area?
  3. 3 What is the nature and extent of native title rights and interests?

Ratio Decidendi

The Court determined that native title exists in respect of Moa Island, except for specified excluded areas, and is held by the Mualgal people as descendants and recognized members in accordance with traditional laws and customs, with the nature and extent of rights as agreed by the parties, subject to specified statutory and other interests and in accordance with s 87 of the Native Title Act 1993 (Cth).

Court Disposition

Native title determined to exist; orders made by consent per agreement of the parties

Orders

  • Native title exists in relation to Moa Island land and inland waters (excluding certain lots and public roads)
  • Common law holders of native title are the Mualgal people as defined