Deeral, Erica (On Behalf of Herself & the Gamaay Peoples) & Ors v Charlie, Gordon & Ors (No electronic copy for attachments) [1997] FCA 1408

As all interested parties agreed following extensive mediation, supported by anthropological evidence and a pre-existing statutory grant, and as the application fulfilled the legal requirements, it is appropriate for the Court to determine that native title exists over the land and waters subject to the application.

Parties: Applicants: Erica Deeral (on behalf of herself and the Gamaay Peoples), Phillip Baru (on behalf of himself and the Dingaal Peoples), Bertie Gordon (on behalf of himself and the Nugal Peoples), Herman Bambie (on behalf of himself and the Thuubi Peoples), Brian Cobus (on behalf of himself and the Nguurruumungu Peoples), Wayne Coats (on behalf of himself and the Dharrpa Peoples), Pat Wallace (on behalf of himself and the Binhthi Peoples), Eddie Deemal (on behalf of himself and the Thiithaarr Peoples), Hector Michael (on behalf of himself and the Thanil Peoples), George Rosendale (on behalf of himself and the Nguymbaarr Nguymbaarr Peoples), Terrence Jacko (on behalf of himself and the Ngaatha Peoples), Martin James (on behalf of himself and the Gulaal Peoples), Bertie Gordon, Herman Bambie, Pat Wallace, Eddie Deemal and Terrence Jacko in their representative capacities jointly on behalf of the Buurnga Peoples; First Respondent: Gordon Charlie; Second Respondent: State of Queensland; Third Respondent: Hopevale Aboriginal Council; Fourth Respondent: Cape Flattery Silica Mines Pty Limited; Fifth Respondent: Cook Shire Council; Sixth Respondent: Far North Queensland Electricity Corporation; Seventh Respondent: Telstra Corporation Limited; Eighth Respondent: Robert William Dunn by his agent the Queensland Commercial Fishermen's Organisation; Ninth Respondent: Australian Maritime Safety Authority; Tenth Respondent: Cape York Land Council Aboriginal Corporation
Jurisdiction: Australia
Judgment Date: 08 December 1997
Procedural Posture: Application for Native Title Determination / Determination Following Agreement Under S 87 Native Title Act
Outcome: Determination of native title rights and interests made in favour of the applicants (the Hopevale clans) as per the agreed terms.
Legal Topics: Native Title Determination, Mediation Agreement, Hopevale Land, Federal Court Orders, S 87 Native Title Act

Native Title Native Title Determination Mediation Agreement Hopevale Land Federal Court Orders S 87 Native Title Act

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Parties

Erica Deeral (on behalf of herself and the Gamaay Peoples), Phillip Baru (on behalf of himself and the Dingaal Peoples), Bertie Gordon (on behalf of himself and the Nugal Peoples), Herman Bambie (on behalf of himself and the Thuubi Peoples), Brian Cobus (on behalf of himself and the Nguurruumungu Peoples), Wayne Coats (on behalf of himself and the Dharrpa Peoples), Pat Wallace (on behalf of himself and the Binhthi Peoples), Eddie Deemal (on behalf of himself and the Thiithaarr Peoples), Hector Michael (on behalf of himself and the Thanil Peoples), George Rosendale (on behalf of himself and the Nguymbaarr Nguymbaarr Peoples), Terrence Jacko (on behalf of himself and the Ngaatha Peoples), Martin James (on behalf of himself and the Gulaal Peoples), Bertie Gordon, Herman Bambie, Pat Wallace, Eddie Deemal and Terrence Jacko in their representative capacities jointly on behalf of the Buurnga Peoples

Applicants

Gordon Charlie

First Respondent

State of Queensland

Second Respondent

Hopevale Aboriginal Council

Third Respondent

Cape Flattery Silica Mines Pty Limited

Fourth Respondent

Cook Shire Council

Fifth Respondent

Far North Queensland Electricity Corporation

Sixth Respondent

Telstra Corporation Limited

Seventh Respondent

Robert William Dunn by his agent the Queensland Commercial Fishermen's Organisation

Eighth Respondent

Australian Maritime Safety Authority

Ninth Respondent

Cape York Land Council Aboriginal Corporation

Tenth Respondent

Procedural Posture

Application for Native Title Determination / Determination Following Agreement Under S 87 Native Title Act

Legal Issues

1 Whether it is appropriate for the Court to make a determination of native title by agreement under s 87 of the Native Title Act 1993

Ratio Decidendi

Court Disposition

Determination of native title rights and interests made in favour of the applicants (the Hopevale clans) as per the agreed terms.

Orders

A determination of native title be made in the terms of the determination annexed to the reasons.