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Native title recognition for the Quandamooka People

04/07/2011

The Quandamooka People have today been recognised as native title holders of 54,408 hectares of land and waters on and surrounding North Stradbroke Island, including areas of national parks, reserves, unallocated State land and other leases.

At a Federal Court hearing on North Stradbroke Island, Justice John Dowsett made two consent determinations recognising the Quandamooka People’s native title rights and interests to that area.

These consent determinations finalise the two Quandamooka claims lodged in 1995 and 1999. The Quandamooka People hold exclusive native title rights in relation to about 2,264 hectares of land. The Federal Court also recognised the Quandamooka People’s non-exclusive native title rights over about 22,639 hectares of onshore areas, and over about 29,505 hectares of offshore areas. The non-exclusive rights recognised include the right to live and be present on the area, conduct ceremonies, to maintain places of importance and areas of significance to the native title holders, and to take, use, share and exchange traditional natural resources and seawater for any non-commercial purpose.

National Native Title Tribunal Deputy President John Sosso, the Member who assisted the parties to reach agreement, has congratulated all of the negotiation parties on the outcome. “This is a very significant event as these are the first consent determinations in Queensland south of the Tropic of Capricorn. The resolution of these applications results in the formal recognition of the Quandamooka People’s ancient ties to this land and waters.”

“The successful mediation of these claims involved the participation of numerous persons representing the Quandamooka People, the State of Queensland, the Commonwealth of Australia, Brisbane City Council, Redland City Council, mining interests, fishing interests, infrastructure providers, oyster growers and other persons.”

“The mediation process over the past 18 months was extremely intensive with more than 60 mediation conferences convened under the Native Title Act. In addition the parties met separately on specific issues.”

“When the parties are willing to work co-operatively, native title outcomes can be achieved by agreement.  The agreement-making process establishes positive relationships for co-operative co-existence between native title holders and other interest holders in land and waters. This is the best approach to settling native title.”

Note: There have been 56 determinations of native title in Queensland to date; 51 of these were resolved by consent. There have been 263 Indigenous Land Use Agreements registered in Queensland.

See the publication Quandamooka People's native title determinations 4 July 2011.

Rosalind Hanf
08 9425 1074