Cronin on behalf of the Butchulla People (land & sea claim #2) v State of Queensland [2019] FCA 2082

Cronin on behalf of the Butchulla People (land & sea claim #2) v State of Queensland [2019] FCA 2082

The consent determination is appropriate as the parties have satisfied all statutory conditions for agreement (including notification, filing, authorisation, and proper identification of native title holders and interests), there is a reasonable and rational evidentiary basis for recognising the Butchulla people's native title, and the terms of the determination comply with all requirements of the Native Title Act 1993 (Cth).

Jurisdiction
Australia
Judgment Date
13 December 2019
Procedural Posture
Native Title Determination Application / Final Judgment and Orders (consent Determination)
Outcome
Native title exists in the Determination Area; consent determination made.
Legal Topics
['consent Determination' 'native Title Rights and Interests' 'prescribed Body Corporate' 'succession of Native Title Holders' 'traditional Laws and Customs' 'connection to Country']
['native Title Law'] ['consent Determination' 'native Title Rights and Interests' 'prescribed Body Corporate' 'succession of Native Title Holders' 'traditional Laws and Customs' 'connection to Country']

Case Brief

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Procedural Posture

Native Title Determination Application / Final Judgment and Orders (consent Determination)

Legal Issues

  1. 1 ['Whether the parties have satisfied the criteria in section 87 of the Native Title Act 1993 (Cth)' 'Whether it is appropriate for the Court to make an order in terms of the agreement reached by the parties' 'Whether the details required by section 225 of the Native Title Act 1993 (Cth) are satisfied']

Ratio Decidendi

The consent determination is appropriate as the parties have satisfied all statutory conditions for agreement (including notification, filing, authorisation, and proper identification of native title holders and interests), there is a reasonable and rational evidentiary basis for recognising the Butchulla people's native title, and the terms of the determination comply with all requirements of the Native Title Act 1993 (Cth).

Court Disposition

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

Orders

  • ['There be a determination of native title for the Determination Area other than for Lot 2 on Plan AP6551 and Lot 3 on Plan AP6551.' 'On 11 December 2020, there be a determination of native title for Lot 2 and Lot 3 on Plan AP6551, subject to liberty to apply.' 'Each party is to bear its own costs.' 'The...