The Lardil Peoples v State of Queensland [2004] FCA 298

FEDERAL COURT OF AUSTRALIA

The Lardil Peoples v State of Queensland [2004] FCA 298 NATIVE TITLE – determination of – land and waters in the Wellesley Islands region – claim to waters, bank and bed of river and seas – four applicant groups claiming native title over neighbouring 'Countries' – claim to shared native title by applicant groups over certain land and waters – boundaries between 'Country' of applicants – existence of sub-groups (estate groups) within identifiable community – whether traditional laws acknowledged and customs observed – rights and interests under traditional law and customs – concept of 'ownership' NATIVE TITLE – extinguishment – whether native title rights survived the assertion of British sovereignty – extinguishment of native title rights in relation to fishtraps

Native Title Act 1993 (Cth) Aboriginal Land Act 1991 (Qld) Harbours Act 1955 (Qld) Harbour Boards Act 1892 (Qld) Transport Operations (Marine Safety) Act 1994 (Qld) Fisheries Act 1994 (Qld) Mineral Resources Act 1989 (Qld) Petroleum Act 1923 (Qld)

Commonwealth of Australia v Yarmirr [2001] HCA 56; (2001) 208 CLR 1 followed Western Australia v Ward [2002] HCA 28 followed Yorta Yorta Aboriginal Community v Victoria [2002] HCA 58 followed Commonwealth of Australia v Yarmirr (2000) 101 FCR 171 considered Western Australia v Ward (1997) 76 FCR 492 considered THE LARDIL, KAIADILT, YANGKAAL AND GANGALIDDA PEOPLES v STATE OF QUEENSLAND AND OTHERS QG207 OF 1997 COOPER J BRISBANE (HEARD MORNINGTON ISLAND AND BRISBANE) 23 MARCH 2004

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG207 OF 1997

BETWEEN: THE LARDIL, KAIADILT, YANGKAAL AND GANGALIDDA PEOPLES

APPLICANTS

AND: STATE OF QUEENSLAND

FIRST RESPONDENT

AND: COMMONWEALTH OF AUSTRALIA