Saibai People v State of Queensland [1999] FCA 158

FEDERAL COURT OF AUSTRALIA Saibai People v State of Queensland [1999] FCA 158

SAIBAI PEOPLE v STATE OF QUEENSLAND & ORS

QG 6017 OF 1998

DRUMMOND J

12 FEBRUARY 1999 CAIRNS

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 6017 OF 1998

BETWEEN: SAIBAI ISLAND COMMUNITY

Applicant

AND: STATE OF QUEENSLAND

First Respondent

SAIBAI ISLAND COMMUNITY COUNCIL

Second Respondent

FAR NORTH QUEENSLAND ELECTRICITY CORPORATION

Third Respondent

TELSTRA CORPORATION LIMITED

Fourth Respondent

TORRES STRAIT REGIONAL AUTHORITY

Fifth Respondent

AL MOLLER-NIELSON, BARRY EHRKE, GARY JOHN DUFF, GEOFFREY DONALD McKENZIE, GEOFFREY PAULING, GREG KEITH SVENDSEN, JOHN DEUBLE, KENNETH JAMES McKENZIE, LESLIE TREVOR DELLAWAY, PHILLIP JOHN HUGHES, RAYMOND MOORE, RAYMOND NEIL HANCOCK, THEO PETROU, TONY LUDVIGSSON AND DEBORAH HORNE

Sixth Respondents

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 Saibai Island, Mawalmay Thoera Island, Thawpay Kawamag Island and Kuykuthal Kawamag Island on the landward side of the high water mark, but not including the following:

(a) Lot 31 on Plan TS324 being the Telstra Tower and surrounding land;

(b) The petrol bowsers and tanks situated north of the Telstra Tower;

(c) Part of Lot 3 on Plan TS157 being the Old Canteen Building;

(d) Part of Lot 3 on Plan TS157 being the Old Guest House;

(e) Lot 49 on Plan TS282 described as SL 43/38561 to The Corporation of the Synod of the Diocese of Carpentaria for Church Purposes;

(f) Lot 50 on Plan TS282 being the Church Residence;