Nona and Manas v State of Queensland [2006] FCA 412

FEDERAL COURT OF AUSTRALIA

Nona and Manas v State of Queensland [2006] FCA 412 VICTOR NONA AND JOHN MANAS ON THEIR OWN BEHALF AND ON BEHALF OF THE BADUALGAL AND MUALGAL PEOPLE v STATE OF QUEENSLAND QUD 6002 of 2002 DOWSETT J 13 APRIL 2006 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLANDDISTRICT REGISTRY QUD 6002 OF 2002

BETWEEN: VICTOR NONA AND JOHN MANAS ON THEIR OWN BEHALF AND ON BEHALF OF THE BADUALGAL AND MUALGAL PEOPLE

APPLICANT

AND: STATE OF QUEENSLAND

RESPONDENT

JUDGE: DOWSETT J

DATE OF ORDER: 13 APRIL 2006

WHERE MADE: BRISBANE

THE COURT NOTES THAT:

A. The applicant has made a native title determination application No QUD 6002 of 2002 ("the application") in relation to the area identified in order 1 below (the "determination area").

B. The applicant and the State of Queensland ("the parties") have reached an 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.

Being satisfied that a determination in the terms sought by the parties would be within the power of the Court, and it appearing appropriate to the Court that the application be disposed of in this way.

BY CONSENT THE COURT DETERMINES THAT:

1. Native title exists in relation to the land and waters on the landward side of the High Water Mark of Lot 124 on Crown Plan TS267 known as Matu Island (also referred to as Whale Island), Lot 129 on Crown Plan TS267 known as Zurat Island (also referred to as Phipps Island), Lot 132 on Crown Plan TS267 known as Kulbai Kulbai Island (also referred to as Spencer Island), Lot 53 on Crown Plan TS272 known as Ngurtai Island (also referred to as Quoin Island), Lot 59 on Crown Plan TS272 known as Maitak Island (also referred to as Wilson Island), Lot 64 on Crown Plan TS272 known as Kanig Island (also referred to as Duncan Island), Lot 85 on Crown Plan TS276 known as Ilapnab Island (also referred to as Green Island), Lot 96 on Crown Plan TS276 known as Tukupai Island (also referred to as Clarke Island), Lot 101 on Crown Plan TS276 known as Ngul Island (also referred to as Browne Island), Lot 103 on Crown Plan TS276 known as Tuin Island (also referred to as Barney Island), Lot 106 on Crown Plan TS276 known as Wia Island (also referred to as High Island), Lots 118 and 119 on Crown Plan TS267 known as Logan Rocks, Lots 120-123 on Crown Plans TS267, Lots 125-128 on Crown Plan TS267, Lots 130, 131 & 133 on Crown Plan TS267, Lot 174 on Crown Plan TS267 known as Gainaulai Island, Lot 175 on Crown Plan TS267 known as Tuft Rock, Lot 176 on Crown Plan TS267, Lots 54-56 on Crown Plan TS272, Lot 57 on Crown Plan TS272 known as Meth Islet, Lot 58 on Crown Plan TS272, Lots 60-63 on Crown Plan TS272, Lots 65-80 on Crown Plan TS272, Lots 82-84, 86-89, 97-100, 102, 104, 105 and 107 on Crown Plan TS276, Lot 182 on Crown Plan TS279 known as Dadalai Island (also referred to as Canoe Island) and Lots 183-184 on Crown Plan TS279 and shown on the plans in Schedule 1 ("the Determination Area") as shown on the plan in Sch 1 to this order. 2. The persons holding the communal or group rights comprising the native title are set out in Sch 2 to this order. 3. The nature and extent of the native title rights and interests in relation to the determination area are: