Poruma People v State of Queensland [2000] FCA 1066

Poruma People v State of Queensland [2000] FCA 1066

The Court finds, on sufficient evidence and by consent, that native title exists in the relevant determination areas, held by the Poruma and Warraber people as common law holders, subject to specified co-existing interests and statutory limitations, and is to be held on trust by the nominated corporations.

Jurisdiction
Australia
Judgment Date
07 July 2000
Procedural Posture
Application for Determination of Native Title / Consent Determination at First Instance
Outcome
Native title exists and is recognised in both determination areas; native title to be held in trust by nominated corporations.
Legal Topics
['native Title Determination' 'possession, Occupation and Use of Land' 'traditional Laws and Customs' 'co Existence of Rights' 'consent Orders']
['native Title' 'property Law'] ['native Title Determination' 'possession, Occupation and Use of Land' 'traditional Laws and Customs' 'co Existence of Rights' 'consent Orders']

Case Brief

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Procedural Posture

Application for Determination of Native Title / Consent Determination at First Instance

Legal Issues

  1. 1 ['Whether native title exists in the determination areas for Poruma and Warraber People' 'Whether Poruma and Warraber People are the common law holders of native title' 'Nature and extent of native title rights and interests' 'Relationship between native title and other interests in the land']

Ratio Decidendi

The Court finds, on sufficient evidence and by consent, that native title exists in the relevant determination areas, held by the Poruma and Warraber people as common law holders, subject to specified co-existing interests and statutory limitations, and is to be held on trust by the nominated corporations.

Court Disposition

Native title exists and is recognised in both determination areas; native title to be held in trust by nominated corporations.

Orders

  • ['Native title exists in the land and waters described by the determination areas for Poruma and Warraber Peoples.' 'The native title rights and interests are held by the Poruma People (Porumalgal) and Warraber People (Warraberalgal), respectively, and are to be held in trust by the Porumalgal (Torres Strait...