Kaurareg People v State of Queensland [2001] FCA 657

Kaurareg People v State of Queensland [2001] FCA 657

The material before the Court showed that the Kaurareg People were the original inhabitants and traditional owners of the islands in the Kaurareg Archipelago, maintained connection to their traditional country despite historical displacement, and were recognised by all parties under agreed terms. The Court was satisfied that the proposed consent determinations were within power and appropriate, and therefore declared that native title exists in the five determination areas subject to the specified extinguishments and other interests.

Jurisdiction
Australia
Judgment Date
23 May 2001
Procedural Posture
Native Title Determination Applications / Consent Determinations of Native Title
Outcome
Consent determinations made; native title declared to exist in each determination area subject to specified extinguishment and other interests.
Legal Topics
['consent Determination' 'kaurareg People' 'native Title Rights and Interests' 'extinguishment' 'prescribed Body Corporate' 'indigenous Land Use Agreements']
['native Title' 'indigenous Law' 'property Law'] ['consent Determination' 'kaurareg People' 'native Title Rights and Interests' 'extinguishment' 'prescribed Body Corporate' 'indigenous Land Use Agreements']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Native Title Determination Applications / Consent Determinations of Native Title

Legal Issues

  1. 1 ['Whether it was proper and within the power of the Court under the Native Title Act 1993 (Cth) to make the proposed consent determinations of native title.' 'Whether the Kaurareg People were established as the traditional owners of the determination areas prior to the assertion of British sovereignty.' 'What native title rights and interests should be recognised, and how those rights and interests relate to other interests in the determination areas.']

Ratio Decidendi

The material before the Court showed that the Kaurareg People were the original inhabitants and traditional owners of the islands in the Kaurareg Archipelago, maintained connection to their traditional country despite historical displacement, and were recognised by all parties under agreed terms. The Court was satisfied that the proposed consent determinations were within power and appropriate, and therefore declared that native title exists in the five determination areas subject to the specified extinguishments and other interests.

Court Disposition

Consent determinations made; native title declared to exist in each determination area subject to specified extinguishment and other interests.

Orders

  • ['Native title exists in relation to the determination areas except for parts specified as extinguished or affected.' 'The native title is held by the Kaurareg People as common law holders.' 'The native title is not to be held in trust.' 'Native Title Rights and Interests include rights to live on and build...