The reaching of an agreement between native title parties, statutory authorities and the State of Queensland over the recognition of native title at Hopevale, Far North Queensland, has been commended by Tribunal President and mediator Justice Robert French.
Queensland Cabinet today approved the Tribunal-mediated settlement involving the Hopevale Congress of Clans and Mr Gordon Charlie on behalf of the Dingaal clan, and eight parties - the State of Queensland, Telstra, Australian Maritime Safety Authority, Cook Shire Council, the Hopevale Aboriginal Council, Queensland Commercial Fisheries Organisation, Far North Queensland Electricity Corporation, Cape Flattery Silica Mine and Cape York Land Council.
The application will now be referred to the Federal Court where the parties will seek a consent order confirming their agreement. If approved by the Court it will become the first determination of native title in Queensland since the original Mabo decision. It will be the second native title matter determined in Australia through the Tribunal's mediation processes.
This agreement involves the reconciliation of a broad range of interests and shows that with goodwill and effort by the parties and their representatives even complex native title claims can be resolved through mediation, "Justice French said.
Hopevale is an Aboriginal community located approximately 200km north of Cairns. The area of 110,000ha subject to the native title claim is currently held by the Hopevale Aboriginal Council as a Deed of Grant in Trust for the benefit of Aboriginal people. A former Lutheran mission, the Hopevale area is home to both Aboriginal traditional owners and "historical people"- those moved to the area during its time as a mission settlement.
"Through mediation the issues of difference between traditional and historical indigenous interests have been substantially resolved and the community can now move forward together."
The agreements reached between the claimants and statutory authorities, like Telstra and the FNQEC, could also provide guidance for the settlement of similar issues arising in other claims.