Anderson on behalf of the Northern Cape York #3 Native Title Claim Group v State of Queensland [2017] FCA 830

Anderson on behalf of the Northern Cape York #3 Native Title Claim Group v State of Queensland [2017] FCA 830

The evidence, including anthropological and genealogical reports, establishes that the Northern Cape York #3 Native Title Claim Group holds native title rights and interests in the Determination Area according to traditional laws and customs, with those rights and interests to be recognized on the terms consented to by all parties pursuant to s 87 of the Native Title Act 1993 (Cth).

Jurisdiction
Australia
Judgment Date
26 July 2017
Procedural Posture
Native Title Determination Application / Consent Determination at First Instance
Outcome
Native title exists in the Determination Area as described; determination made by consent.
Legal Topics
['native Title Determination' 'consent Determination' 'traditional Rights and Interests' 's 87 Native Title Act' 'identification of Native Title Holders']
['native Title'] ['native Title Determination' 'consent Determination' 'traditional Rights and Interests' 's 87 Native Title Act' 'identification of Native Title Holders']

Case Brief

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Procedural Posture

Native Title Determination Application / Consent Determination at First Instance

Legal Issues

  1. 1 ['Whether native title exists in the Determination Area under s 87 of the Native Title Act 1993 (Cth)' 'Whether the applicant group holds rights and interests in accordance with traditional laws and customs recognized since sovereignty' 'Nature and extent of native title rights and interests to be recognized' 'Relationship between native title and other interests in the area']

Ratio Decidendi

The evidence, including anthropological and genealogical reports, establishes that the Northern Cape York #3 Native Title Claim Group holds native title rights and interests in the Determination Area according to traditional laws and customs, with those rights and interests to be recognized on the terms consented to by all parties pursuant to s 87 of the Native Title Act 1993 (Cth).

Court Disposition

Native title exists in the Determination Area as described; determination made by consent.

Orders

  • ['There be a determination of native title in the terms set out in the orders.' 'Each party to the proceedings is to bear its own costs.' 'Native title is held in trust by the Ipima Ikaya Aboriginal Corporation RNTBC as prescribed body corporate.' 'Nature and extent of native title rights and interests (exclusive...