Kaurareg People v State of Queensland [2001] FCA 657

FEDERAL COURT OF AUSTRALIA Kaurareg People v State of Queensland [2001] FCA 657 MR BILLY WASAGA AND OTHERS ON BEHALF OF THE KAURAREG PEOPLE v STATE OF QUEENSLAND & ORS QG 6023 of 1998 QG 6024 of 1998 QG 6025 of 1998 QG 6026 of 1998 QG 6027 of 1998 DRUMMOND J BRISBANE 23 MAY 2001

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 6023 OF 1998

BETWEEN: MR BILLY WASAGA AND OTHERS ON BEHALF OF THE KAURAREG PEOPLE

APPLICANTS

AND: STATE OF QUEENSLAND

ERGON ENERGY CORPORATION LIMITED

GEOFFREY DONALD MCKENZIE

MICHAEL J CLINCH

NORMAN A CLINCH

PETER GRAEME WARD

TELSTRA CORPORATION LIMITED

TORRES SHIRE COUNCIL

TORRES STRAIT REGIONAL AUTHORITY

RESPONDENTS

JUDGE: DRUMMOND J

DATE OF ORDER: 23 MAY 2001

WHERE MADE: BRISBANE

THE COURT NOTES THAT:

A. The Applicants have brought Native Title Determination Application No. QC96/06 ("the Application") which relates to an area which includes the Determination Area.

B. The Applicants and the Respondents have reached agreement as to the terms of a determination of native title to be made in relation to the Determination Area.

C. The 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.

D. The parties have requested pursuant to O 10 r 3(1) of the Federal Court Rules that the Court hear and determine that part of the proceeding that relates to the Determination Area at this hearing today.

E. No nomination pursuant to s 56(2) of the Native Title Act 1993 (Cth) ("the Native Title Act") in relation to the holding of native title in trust has been made.

F. The parties have requested that the Court pursuant to s 56(2)(c) of the Native Title Act make a determination that the Native Title Rights and Interests are held by the Native Title Holders.