Agreement recognises native title near Cairns

Native title has been recognised over national park, reserve and forest areas near Cairns, clearing the way for the Mandingalbay Yidinji People to carry out their traditional activities and help manage and protect the land.

The Federal Court of Australia made a consent determination in Cairns today, recognising the Mandingalbay Yidinji People's native title rights and interests over 3,140 hectares approximately 23 km south-east of Cairns.

It's the first time the Mandingalbay Yidinji People's connection to their traditional lands has been recognised and the determination finalises a native title claim the group lodged with the court in 1999.

The determination recognises the Mandingalbay Yidinji People's non-exclusive native title rights in parts of Giangurra Reserve, part of the Malbon Thompson State Forest and part of Grey Peaks National Park.

The group's native title rights have been recognised as exclusive in two areas on Trinity Inlet and one area on Red Bank Creek.

Today's outcome follows negotiations between the Mandingalbay Yidinji People and other groups with interests in the area, who worked out how they would carry out their rights alongside one another by developing an indigenous land use agreement (ILUA). These groups included the Queensland Government, Mandingalbay Yidinji Aboriginal Corporation and Wet Tropics Management Authority.

The Mandingalbay Yidinji People also developed ILUAs with Telstra, Ergon Energy and Cairns City Council to allow these organisations to continue to access the area to maintain essential public services.

National Native Title Tribunal member Gaye Sculthorpe, who mediated between the groups, said this was an outcome everyone could welcome as it not only recognised the Mandingalbay Yidinji People's native title rights but also protected the rights of other interest groups, as well as the general public who could continue to access the reserves.

‘This is an outcome that has been reached through an agreement process under the Native Title Act 1993 that has brought people with rights in these areas together to talk matters through and come to a conclusion that everyone is satisfied with, ’ she said.

‘The process has brought clarity as it has established what the Mandingalbay Yidinji People's rights are. Now that the process has come to an end the Mandingalbay Yidinji People can use their traditional knowledge to help protect and manage the land, which will benefit the environment and wider community.’

Under their non-exclusive rights the group can access parts of Giangurra Reserve, part of the Malbon Thompson State Forest and part of Grey Peaks National Park to camp, hunt, fish, gather, use the natural resources, protect significant places and perform ceremonial activities in accordance with their traditional rights and customs. The general public can still access these areas as before.

Under the group's exclusive native title rights in two areas on Trinity Inlet and one area on Red Bank Creek they can possess, occupy, use and enjoy these areas in accordance with their traditional laws and customs, except in relation to water.

Pronunciation: Mandingalbay = man-ding-al-bay; Yidinji = yi-din-gee.

For more information see the background information and map.

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