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Brooks on behalf of the Mamu People v State of Queensland (No 4) [2013] FCA 1453

Category: Agreement
Date: 1 November 2013
Sub Category:Consent Determination (Native Title Act)
Location:Located in the vicinity of Innisfail, Queensland, Australia
The Determination Area is located in the vicinity of Innisfail in the State of Queensland. It falls within the Representative A/TSI body area of Northern Queensland Region, and within the Cairns, Cassowary Coast and Tablelands Regional Council local government areas.
Legal Status: Registered on the National Native Title Tribunal Register of Native Title Determinations
Legal Reference: Tribunal file no.: QCD2013/005 Federal Court no.: QUD6014/2001
Subject Matter:Native Title | Recognition of Native Title or Traditional Ownership | Recognition of Traditional Rights and Interests
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/NNTR_details.aspx?NNTT_Fileno=QCD2013/005
Summary Information:
Between:
STEPHEN BROOKS, ALFRED JOYCE, VICTOR MAUND, DEAN PURCELL, ANTHONY EDWARDS, HENRY EPONG AND BRENDA MATHESON ON BEHALF OF THE MAMU PEOPLE (APPLICANT);

STATE OF QUEENSLAND (FIRST RESPONDENT);

CAIRNS REGIONAL COUNCIL (SECOND RESPONDENT);

CASSOWARY COAST REGIONAL COUNCIL (THIRD RESPONDENT);

TABLELANDS REGIONAL COUNCIL (FOURTH RESPONDENT);

ERGON ENERGY CORPORATION LIMITED (FIFTH RESPONDENT); and

GREGORY LEIGH BINDER, WAYNE DOUGLAS BUIE, DAVID CARACCIOLO, JOHN COOK, MARIO CORICA, NEVILLE DAVIES, RON FORSTER, MARIE GIDDINS, ROBERT GIDDINS, BRIAN HART, STEVEN HOWE, LARRY JONES, NORBERT KUROWSKI, WILLIAM JAMES LANE, PETER JORG PAHLKE, STEPHEN PENSINI, MARK DAVID RYAN, MARTIN SCHENCKEL, MICHAEL JOHN SCHULZ, JOHN NICHOLAS TAIFALOS, MICHAEL J TAIFALOS, JAMES ARTHUR TODD, LORNA KIRI WELSFORD, IAN WHITEHOUSE AND BARRY WILSON (SIXTH RESPONDENTS).

Judge: Dowsett J
Where made: Innisfail

Determination:

Native title exists in parts of the determination area. It consists of exclusive and non-exclusive native title rights in relation to land and waters.

Native title is held by

Those Aboriginal People identifying as Mamu People are the native title holders. e basis of descent from:-

The native title holders are identified as those Aboriginal People who are Mamu People, on the basis of descent from:

(a) "one of the following persons:

1. Bambun; or
2. Paddy Brooks (Dungginyu) (including descendants of his relationship with Maggie); or
3. Bombetta Wa-Way (aka Bombita, Bumbida, Betsy, Betty); or
4. Emily Purcell/Deagon; or
5. Nellie Deagon; or
6. Polly Watson; or
7. Kitty Christmas; or
8. Annie Innisfail; or
9. Polly Armie (Armi); or
10. Lizzie Romelo; or
11. William Weare; or
12. Sandy Millay Millay; or

(b) a relationship between the following persons:

1. Charlie Deagon and Kitty; or
2. Charlie Deagon and Jinny (aka Jenny, Jeanie)."

Registered Native Title Body Corporate

The Mamu Aboriginal Corporation is the Registered Native Title Body Corporate (RNTBC).

Effect of Determination conditional upon registration of Indigenous Land Use Agreements

The Determination takes effect from the date upon which the last of the following Indigenous Land Use Agreements (ILUAs) have been registered on the Register of Indigenous Land Use Agreements:

- QI2012/044 Cairns Regional Council - Mamu People ILUA
- QI2010/019 Ma:Mu Cassowary Coast Regional Council Area ILUA
- QI2010/020 Ma:Mu Tablelands Regional Council Area ILUA
- QI2011/067 Mamu People and Ergon Energy ILUA
- QI2013/084 Mamu Protected Areas ILUA

These ILUAs were registered on 23 April 2014. Thus this Determination came into effect on 23 April 2014.

Exclusive native title rights

The exclusive native title rights in relation to land include the rights to possession, occupation, use and enjoyment of the Determination Area.

Non-exclusive native title rights

The non-exclusive native title rights in relation to water include the rights:
(i) to hunt, fish and gather from waters within the Determination Area;
(ii) to take and use the natural resources of the water within the Determination Area; and
(iii) to take and use the Water within the Determination Area

for personal, domestic non-commercial communal purposes.

Further non-exclusivenative title rights and interests in relation to land and waters within the Determination Area include rights to:

(a) "access, be present on, move about on and travel over the area;
(b) to camp on the area and, for that purpose, erect temporary shelters on the area;
(c) hunt, fish and gather on the land and waters of the area for personal, domestic, and non-commercial communal purposes;
(d) take and use Natural Resources from the land and waters of the area for personal, domestic and non-commercial communal purposes;
(e) take and use the Water of the area for personal, domestic and non-commercial communal purposes;
(f) conduct ceremonies on the area;
(g) maintain places of importance and areas of significance to the native title holders under their traditional laws and customs and protect those places and areas from physical harm;
(h) teach on the area the physical and spiritual attributes of the area;
(i) light fires on the area for domestic purposes including cooking, but not for the purpose of hunting or clearing vegetation; and
(j) be buried and bury native title holders within the area."

All native title rights and interests conferred by the Determination are subject to and exercisable in accordance with State and Commonwealth laws and traditional laws and customs of the native title holders.

Further, the non-exclusiverights and interests outlined above do notconfer exclusive rights to possess, use, occupy or enjoy the land and waters within the Determination Area.

No native title rights and interests exist in the Determination Area in relation to: minerals and petroleum. For the definition of 'minerals', see the Mineral Resources Act 1989(Cth). For the definition of 'petroleum', see the Petroleum Act 1923Qld and Petroleum and Gas (Production and Safety)Act 2004(Qld).

Other Interests

The nature and extent of other interests in relation to the Determination Area include:

1. Rights and Interests of parties under the following Indigenous Land Use Agreements:

(a) Niree Appo, Stephen Brooks, John Edwards, Alfred Joyce, Robert Major, Victor Maund, Dean Purcell and Billy Tinkum on their own behalf and on behalf of the Mamu People (QUD6014/2001) and on behalf of the Mamu Aboriginal Corporation ICN 3789 and the Cairns Regional Council as parties to the Cairns Regional Council ILUA dated 9 March 2012; and
(b) Niree Appo, Stephen Brooks, John Edwards, Alfred Joyce, Robert Major, Victor Maund, Dean Purcell and Billy Tinkum on their own behalf and on behalf of the Mamu People (QUD6014/2001) and the Cassowary Coast Regional Council as parties to the Cassowary Coast Regional Council ILUA registered on 15 November 2010; and
(c) Niree Appo, Stephen Brooks, John Edwards, Alfred Joyce, Robert Major, Victor Maund, Dean Purcell and Billy Tinkum on their own behalf and on behalf of the Mamu People (QUD6014/2001) and the Tablelands Regional Council as parties to the Tablelands Regional Council ILUA registered on 15 November 2012; and
(d) Niree Appo, Stephen Brooks, John Edwards, Alfred Joyce, Robert Major, Victor Maund, Dean Purcell and Billy Tinkum on their own behalf and on behalf of the Mamu People (QUD6014/2001) and the Mamu Aboriginal Corporation ICN 3789 and Ergon Energy Corporation Limited (ABN 50 087 646 062) as parties to the Ergon Energy ILUA registered on 16 May 2012.
(e) Stephen Brooks, Anthony Edwards, Henry Epong, Brenda Matheson, Alfred Joyce, Victor Maund and Dean Purcell on their own behalf and on behalf of the Mamu People (QUD6014/2001) and the Mamu Aboriginal Corporation ICN 3789 and the State of Queensland as parties to the Mamu Protected Areas ILUA.

2. Rights and interests of the Cairns Regional Council under Local Government Acts (as defined by Local Government Act 2009 (Qld) over the Determination Area. This includes any right the Cairns Regional Council or its employees or agents have:

(a) as owner and operator of infrastructure, facilities and other improvements which are in the Determination Area as at the date of the Determination; and
(b) to enter and exercise rights within the Determination Area in accordance with the Local Government Act 2009 (Qld).

3. Rights and interests of the Cassowary Coast Regional Council for that part of the Determination Area within its Local Government Area, including:

(i) as the owner and operator of infrastructure, facilities and other improvements which are in the Determination Area as at the date of the Determination;
(ii) the right to enter the Determination Area and exercise its powers and responsibilities under Local Government Acts, as defined by the Local Government Act 2009 (Qld); and
(iii) under any lease, licence, access agreement, easement, Reserve or other interest in the Determination Area.

4. Rights and interests of the Tablelands Regional Council for that part of the Determination Area within its Local Government Area, including:

(i) as the owner and operator of infrastructure, facilities and other improvements which are in the Determination Area as at the date of this Determination;
(ii) the right to enter the Determination Area and exercise its powers and responsibilities under Local Government Acts as defined by the Local Government Act 2009 (Qld); and
(iii) under any lease, licence, access agreement, easement, Reserve or other interest in the Determination Area.

5. Rights and interests of Ergon Energy Corporation Limited (ABN 50 087 646 062):

(a) as the owner and operator of any 'Works' as that term is defined in the Electricity Act 1994 (Qld) within the Determination Area;
(b) as a distribution entity and the holder of a distribution authority under the Electricity Act 1994 (Qld); and
(c) created under the Electricity Act 1994 (Qld) and the Government Owned Corporations Act 1993 (Qld); including:

(i) rights in relation to any agreement relating to the Determination Area existing or entered into before the date on which these orders are made;
(ii) rights to enter the Determination Area by its employees, agents or contractors to exercise any of the rights and interests referred to in this paragraph; and
(iii) to inspect, maintain and manage any Works in the Determination Area.

6. Rights and interests of Telstra Corporation Limited:

(a) as the owner or operator of telecommunications facilities within the Determination Area;
(b) created pursuant to the Post and Telegraph Act 1901 (Cth), the Telecommunications Act 1975 (Cth), the Australian Telecommunications Corporation Act 1989 (Cth), the Telecommunications Act 1991 (Cth) and the Telecommunications Act 1997 (Cth), including rights:

(i) to inspect land;
(ii) to install and operate telecommunications facilities; and
(iii) to alter, remove, replace, maintain, repair and ensure the proper functioning of its telecommunications facilities;

(c) for its employees, agents or contractors to access its telecommunications facilities in and in the vicinity of the Determination Area in performance of their duties; and
(d) under any lease, licence, access agreement or easement relating to its telecommunications facilities in the Determination Area.

7. Rights and interests of the State of Queensland in Reserves, the rights and interests of the persons in whom the Reserves are vested, including the Cassowary Coast Regional Council and the Tablelands Regional Council, and the rights and interests of members of the public and other persons entitled to access and use those Reserves for the respective purpose for which they are reserved.

8. The rights and interests of the State of Queensland and the Cassowary Coast Regional Council and the Tablelands Regional Council as the local government for the Local Government Area in which any dedicated road is situated, to access, use, operate, maintain and control the dedicated roads in the Determination Area and the rights and interests of the public to use and access the dedicated roads.

9. So far as confirmed pursuant to s 212(2) of the Native Title Act 1993 (Cth) and s 18 of the Native Title (Queensland) Act 1993 (Qld) as at the date of the determination, any existing public access to, and enjoyment of, the following places in the Determination Area:

(a) waterways;
(b) beds and banks or foreshores of waterways;
(c) coastal waters;
(d) beaches;
(da) stock routes;
(e) areas that were public places as at the end of 31 December 1993.

10. Rights and interests of the holder of any authority, licence, permit or permission granted under the Fisheries Act 1994 (Qld) or any Fisheries Regulation made under that Act that authorises a commercial fishing operation in the waters of the Determination Area.

11. Rights and interests of the holders of any leases, licences, reservations, permits, easements or authorities or other instruments granted or issued pursuant to the Land Act 1994 (Qld) and subordinate legislation as may be current at the date of the Determination.

12. Rights and interests of holders of any permits, claims, licenses or leases under the Mineral Resources Act 1989 (Qld) and any subordinate legislation, declarations or management plans made under that Act.

13. Rights and interests of the holders of any licences, permits or allocations, under the Water Act 2000 (Qld) and any relevant regulations or subordinate legislation made under that Act.

14. Rights and interests of the State of Queensland pursuant to the Nature Conservation Act 1992 (Qld) and any subordinate legislation relating to the use and management of the Determination Area.

15. Rights and interests of the holders of any leases, agreements, licenses, permits or authorities granted under the Nature Conservation Act 1992 (Qld).

16. Any other rights and interests held by the State of Queensland or Commonwealth, or by reason of the force and operation of the Laws of the State and the Commonwealth, as may be current at the date of the Determination.

Determination Area

The Determination Area is comprised of all land and waters within the external boundary of two (2) Parts.

These areas, however, exclude any areas of land and waters where public work (as defined in s 253 of the Native Title Act 1993) is constructed, established or situated, and to which ss 23B(7) and 23C(2) of the Native Title Act and/or s 23B(7) of the Native Title Act and s 21 of the Native Title (Queensland) Act 1993 (Qld), applies, together with any adjacent land or waters in accordance with s 251D of the Native Title Act

The specific lots included in Parts 1 and 2, as well as the External Boundary description can be located in the attached Schedule 1.

Background to the Determination

A detailed description of the history of this Determination is set out in the Federal Court decision.
Outcomes:
Native title exists in parts of the Determination Area.

Related Entries

Agreement
  • Mamu Traditional Use Marine Resource Agreement (TUMRA)
  • Mamu Canopy Walk Agreement Indigneous Land Use Agreement (ILUA)
  • Mamu People and Ergon Energy Indigenous Land Use Agreement (ILUA)
  • Cairns Regional Council - Mamu People Indigenous Land Use Agreement (ILUA)
  • Mamu Protected Areas Indigenous Land Use Agreement (ILUA)
  • Mamu People Land Exchange Indigenous Land Use Agreement (ILUA)
  • Organisation
  • Federal Court of Australia
  • National Native Title Tribunal
  • Mamu Aboriginal Corporation
  • Cassowary Coast Regional Council - Signatory
  • Tablelands Regional Council - Signatory
  • Cairns Regional Council - Signatory
  • Ergon Energy Corporation Limited - Signatory
  • State of Queensland - Signatory
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • Native Title (Queensland) Act 1993 (Qld)
  • Petroleum Act 1923 (Qld)
  • Petroleum and Gas (Production and Safety) Act 2004 (Qld)
  • Mineral Resources Act 1989 (Qld)
  • Telecommunications Act 1975 (Cth)
  • Australian Telecommunications Corporation Act 1989 (Cth)
  • Telecommunications Act 1991 (Cth)
  • Telecommunications Act 1997 (Cth)
  • Post and Telegraph Act 1901(Cth)
  • Local Government (Aboriginal Lands) Act 1978 (Qld)
  • Local Government Act 2009 (Qld)
  • Aboriginal Land Act 1991 (Qld)
  • Land Act 1962 (Qld)
  • Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth)
  • People
  • Niree Appo & others on their own behalf and on behalf of the Mamu People
  • Victor Maund, Stephen Brooks, Alfred Joyce, Henry Epong, Anthony Edwards, Brenda Matheson and Dean Purcell on their own behalf and on behalf of the Mamu People
  • Gregory Leigh Binder and others - Signatory
  • Mamu People - Signatory

  • Documents

    Map
    Brooks on behalf of the Mamu People v State of Queensland (No 4) [2013] FCA 1453 Schedule 1 - Part 1 Exclusive Areas - ( PDF)
    Brooks on behalf of the Mamu People v State of Queensland (No 4) [2013] FCA 1453 Schedule 1 - Part 2 - Non-exclusive Areas - ( PDF)
    Brooks on behalf of the Mamu People v State of Queensland (No 4) [2013] FCA 1453 Schedule 1 - Map of Determination Area - ( PDF)
    Brooks on behalf of the Mamu People v State of Queensland (No 4) [2013] FCA 1453 Extract - ( PDF)
    Brooks on behalf of the Mamu People v State of Queensland (No 4) [2013] FCA 1453 Federal Court Decision - ( PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Aboriginal Corporation (Australia) | Applicant | Claimant Application (Native Title Act 1993 (Cth)) (Australia) | Consent Determination (Native Title Act 1993 (Cth)) (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title (Australia) | Native Title Applicants | Legislation | Local Government | Native Title Applications/Claims (Australia) | Native Title Claimants (registered) (Australia) | Native Title Determination (Australia) | Party to an Indigenous Land Use Agreement (ILUA) (Australia) | Native Title Holders (Native Title Act 1993 (Cth)) (Australia) | Native Title Registers | Prescribed Body Corporate (PBC) (Native Title Act) (Australia) | Respondent | State Government

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