Federal Court of Australia
FEDERAL COURT OF AUSTRALIA Mualgal People v State of Queensland [1999] FCA 157
MUALGAL PEOPLE v STATE OF QUEENSLAND & ORS
QG 6035 OF 1998
DRUMMOND J
12 FEBRUARY 1999
CAIRNS
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QG 6035 OF 1998
BETWEEN: MUALGAL PEOPLE
Applicant
AND: STATE OF QUEENSLAND
First Respondent
TELSTRA CORPORATION LIMITED
Second Respondent
TORRES STRAIT REGIONAL AUTHORITY
Third Respondent
ST PAULS ISLAND COUNCIL
Fourth Respondent
NAGA PEOPLE
Fifth Respondent
KAURAREG PEOPLE
Sixth Respondent
ROBERT SAGIGI
Seventh Respondent
GARY DUFF, MARK MILLWARD and RAYMOND MOORE
Eighth Respondent
MICHAEL CLINCH, NORMAN CLINCH and GEOFFREY McKENZIE
Ninth Respondent
JUDGE: DRUMMOND J
DATE OF ORDER: 12 FEBRUARY 1999
WHERE MADE: CAIRNS
THE COURT ORDERS, DECLARES AND DETERMINES THAT:
1. Native title exists in relation to the determination area, that is, the land and inland waters of Moa Island on the landward side of the high water mark, but not including the following:
(a) Lot 8 on Plan TS161, being Crown Reserve R257 (State School, Kubin);
(b) Lot 9 on Plan TS162, being Crown Reserve R263 (State School Residence, St Pauls);
(c) Lot 10 on Plan TS162, being Crown Reserve R264 (State School, St Pauls);
(d) Lot 9 on Plan CP894532, being Crown Reserve R341 (Landing Ground for Aircraft);
(e) Special Lease No 24154 described as Lot 2 on TS36; and
(f) Any road on the landward side of the high water mark of Moa Island.
2. The persons holding the communal and group rights comprising the native title ("the common law holders") are the Mualgal people, namely:
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