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First native title agreement made over Qld seas 

25/06/2009

The Kuuku Ya’u People of Cape York have today become the first Indigenous people in Queensland to have their native title rights recognised over their traditional sea country through agreement.

In a Federal Court hearing at Portland Roads, 545 km north-west of Cairns, Justice Andrew Greenwood recognised the Kuuku Ya’u People’s exclusive native title rights over 10 sq km of land and their non-exclusive rights over about 1,970sq km of the sea on the east of Cape York Peninsula, far north Queensland.

The consent determination area includes land in the vicinity of the Portland Roads township, Rocky Island, Sandy Islet, Pigeon Island, Quoin Island National Park, Piper Islands National Park, part of Forbes Islands National Park and surrounding seas.

The Kuuku Ya’u People, the Commonwealth and Queensland governments, Cook Shire Council, Australian Maritime Safety Authority, Lockhart River Aboriginal Shire Council and commercial fishing licence holders negotiated about their respective rights and interests to reach today’s consent determination.

Tribunal Member Graham Fletcher, who mediated between the parties, said it was an historic day because the Kuuku Ya’u People had achieved recognition of the rights they have held, under their traditional laws and customs, since the British Crown asserted sovereignty over 200 years ago.

“In doing so they’ve become an inspiration for other groups, having achieved recognition over their traditional sea country through an agreement making process that resulted in an outcome all parties are happy with,” he said.

“During negotiations the parties developed three indigenous land use agreements that establish how their rights and interests will be carried out in the area.  Having fostered constructive relationships during the negotiations they now have certainty about their futures and the protection of their rights in this area.

“Today’s outcome provides a solid foundation for the Kuuku Ya’u People to play their part in the processes of government infrastructure development and land management, including the national parks and marine park management, on their traditional country in the years ahead.”

This is the 43rd native title determination in Queensland, out of a total of 121 determinations Australia-wide.  The only other Queenslanders to have had their sea rights recognised are the Lardil, Yangkaal, Gangalidda and Kaiadilt Peoples, who fought in the courts to win recognition of their non-exclusive native title rights to the sea in the Gulf of Carpentaria.*

Pronounce: Kuuku Ya’u = goo goo yow

Nicolette Kormendy
0417 944 809