Saibai People v State of Queensland [1999] FCA 158

Saibai People v State of Queensland [1999] FCA 158

Because all parties had reached agreement after mediation and the Court was satisfied on the material before it that it was appropriate to give effect to the agreed draft determination under s 87 of the Native Title Act 1993 (Cth), the Court determined that native title exists in the specified Saibai Island determination area, is held by the Saibai people, confers rights to possess, occupy, use and enjoy the area subject to traditional laws and customs, other identified interests and applicable laws, and is to be held in trust by the Saibai Mura Buway (Torres Strait Islanders) Corporation.

Jurisdiction
Australia
Judgment Date
12 February 1999
Procedural Posture
Application Under S 87 of the Native Title Act 1993 (cth) for Orders Determining That Native Title Exists / Final Consent Determination and Orders
Outcome
Native title determination made by consent; native title declared to exist in relation to the determination area subject to exclusions and other interests, and to be held in trust by the Saibai Mura Buway (Torres Strait Islanders) Corporation.
Legal Topics
['consent Determination' 'native Title Rights and Interests' 'traditional Laws and Customs' 'exclusive Possession Subject to Other Interests' 'prescribed Body Corporate Trustee']
['native Title' 'indigenous Law' 'federal Court Procedure'] ['consent Determination' 'native Title Rights and Interests' 'traditional Laws and Customs' 'exclusive Possession Subject to Other Interests' 'prescribed Body Corporate Trustee']

Case Brief

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Procedural Posture

Application Under S 87 of the Native Title Act 1993 (cth) for Orders Determining That Native Title Exists / Final Consent Determination and Orders

Legal Issues

  1. 1 ["Whether it was appropriate under s 87 of the Native Title Act 1993 (Cth) to make orders consistent with the parties' agreement determining that native title exists in relation to Saibai Island and associated islands." 'What persons hold the communal and group rights comprising the native title.' 'What native title rights and interests exist in the determination area and how they relate to other interests in that area.' 'Whether the native title should be held in trust by the Saibai Mura Buway (Torres Strait Islanders) Corporation.']

Ratio Decidendi

Because all parties had reached agreement after mediation and the Court was satisfied on the material before it that it was appropriate to give effect to the agreed draft determination under s 87 of the Native Title Act 1993 (Cth), the Court determined that native title exists in the specified Saibai Island determination area, is held by the Saibai people, confers rights to possess, occupy, use and enjoy the area subject to traditional laws and customs, other identified interests and applicable laws, and is to be held in trust by the Saibai Mura Buway (Torres Strait Islanders) Corporation.

Court Disposition

Native title determination made by consent; native title declared to exist in relation to the determination area subject to exclusions and other interests, and to be held in trust by the Saibai Mura Buway (Torres Strait Islanders) Corporation.

Orders

  • ['Native title exists in relation to the land and inland waters of Saibai Island, Mawalmay Thoera Island, Thawpay Kawamag Island and Kuykuthal Kawamag Island on the landward side of the high water mark, excluding specified lots, facilities, reserves, roads and other areas listed in Order 1(a)-(u).' 'The persons...