Nona on behalf of the Badulgal v State of Queensland [2004] FCA 1578

FEDERAL COURT OF AUSTRALIA

Nona on behalf of the Badulgal v State of Queensland [2004] FCA 1578 NATIVE TITLE – determination of – by consent – whether order under s 87 of the Native Title Act 1993 (Cth) appropriate VICTOR NONA ON BEHALF OF THE BADULGAL v STATE OF QUEENSLAND AND OTHERS QG6078 of 1998 COOPER J BADU ISLAND, TORRES STRAIT 14 DECEMBER 2004

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG6078 OF 1998

BETWEEN: VICTOR NONA ON BEHALF OF THE BADULGAL

APPLICANT

AND: STATE OF QUEENSLAND

FIRST RESPONDENT

TORRES STRAIGHT REGIONAL AUTHORITY

SECOND RESPONDENT

ERGON ENERGY

THIRD RESPONDENT

TELSTRA CORPORATION

FOURTH RESPONDENT

QUEENSLAND SEAFOOD INDUSTRY ASSOCIATION

FIFTH RESPONDENT

JUDGE: COOPER J

DATE: 14 DECEMBER 2004

PLACE: BADU ISLAND, TORRES STRAIT

REASONS FOR JUDGMENT Background 1 This proceeding arises out of an application for determination of native title filed on 23 June 1996 in accordance with the procedures set out in the Native Title Act 1993 (Cth) ('the Act'). Mr Dan Sagigi (Snr), a traditional Badulaig elder, was the original named applicant in this claim made on behalf of the people of Badu Island in the Torres Strait. Following the death of Mr Sagigi in July 2002, Mr Victor Nona proceeded as the named applicant on behalf of the Badulgul. The main respondent to this determination application is the State of Queensland. 2 The determination application shows the claim area as comprising the land and waters on the landward side of the high water mark of: '(a) Lot 7 on Plan TS158 being part of the island referred to as Badu Island excluding the areas described as: (i) Lease T on Deposited Plan 145576 in Lot 7 on Plan TS158; (ii) Lease A on Deposited Plan 146130 in Lot 7 on Plan TS158; (b) Lots 8-11, 18-33, 36 and 37 on Plan TS265; (c) Lots 12-20, 35-41 and 43 on Plan TS266; (d) Lots 44-52 on Plan TS268; and (e) Lots 81, 90-93 and 108-112 on Plan TS276.' 3 The determination application also lists certain areas as not covered by the claim. Those areas are: (a) Lot 135 on Plan TS288;