Wik Peoples v State of Queensland [2000] FCA 1443

FEDERAL COURT OF AUSTRALIA

Wik Peoples v State of Queensland [2000] FCA 1443

McNAUGHT NGALLAMETTA ON HIS OWN BEHALF AND ON BEHALF OF THE WIK AND WIK WAY PEOPLES v STATE OF QUEENSLAND, COUNCIL OF THE SHIRE OF AURUKUN, NAPRANUM ABORIGINAL COUNCIL, PORMPURAAW ABORIGINAL COUNCIL, COOK SHIRE COUNCIL, PORTS CORPORATION OF QUEENSLAND, A NUMBER OF COMMERCIAL FISHING AUTHORITY HOLDERS AND CAPE YORK LAND COUNCIL QG 6001 OF 1998 DRUMMOND J 3 OCTOBER 2000 CAIRNS

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 6001 OF 1998

BETWEEN: McNAUGHT NGALLAMETTA ON HIS OWN BEHALF AND ON BEHALF OF THE WIK AND WIK WAY PEOPLES

APPLICANTS

AND: STATE OF QUEENSLAND

COUNCIL OF THE SHIRE OF AURUKUN

NAPRANUM ABORIGINAL COUNCIL

PORMPURAAW ABORIGINAL COUNCIL

COOK SHIRE COUNCIL

PORTS CORPORATION OF QUEENSLAND

A NUMBER OF COMMERCIAL FISHING AUTHORITY HOLDERS

CAPE YORK LAND COUNCIL

RESPONDENTS

JUDGE: DRUMMOND J

DATE OF ORDER: 3 OCTOBER 2000

WHERE MADE: CAIRNS

THE COURT NOTES THAT:

A. The applicants have brought Native Title Determination Application No QC94/3 ("the application") which relates to an area which includes the land and waters the subject of the proposed determination.

B. The applicants, the State of Queensland, the Council of the Shire of Aurukun, the Pormpuraaw Aboriginal Council, the Napranum Aboriginal Council, the Cook Shire Council, the Ports Corporation of Queensland, a number of commercial fishing authority holders and the Cape York Land Council ("those parties") have reached an agreement as to the terms of a determination of native title to be made in relation to particular land and waters.

C. Those parties have agreed to make application to the Federal Court of Australia for a consent order for a determination that native title exists in relation to the determination area, as defined in Schedule 1 to this Order.