Mundraby v State of Queensland [2006] FCA 436

FEDERAL COURT OF AUSTRALIA

Mundraby v State of Queensland [2006] FCA 436

NATIVE TITLE – Determination of native title Native Title Act 1993 (Cth) s 57 Water Act (2000) (Qld) Captain Cook's Journal 1768-71, Libraries Board of South Australia, Adelaide, 1968 ALFRED SWITSON MUNDRABY AND VINCENT MUNDRABY ON THEIR OWN BEHALF AND ON BEHALF OF THE MANDINGALBAY YIDINJI PEOPLE v STATE OF QUEENSLAND, CAIRNS CITY COUNCIL, CAIRNS PORT AUTHORITY, ERGON ENERGY CORPORATION LIMITED AND TELSTRA CORPORATION LIMITED QUD 6015 of 1998 DOWSETT J 24 APRIL 2006 CAIRNS IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD 6015 OF 1998

BETWEEN: ALFRED SWITSON MUNDRABY AND VINCENT MUNDRABY ON THEIR OWNBEHALF AND ON BEHALF OF THE MANDINGALBAY YIDINJI PEOPLE

APPLICANT

AND: STATE OF QUEENSLAND

FIRST RESPONDENT

CAIRNS CITY COUNCIL

SECOND RESPONDENT

CAIRNS PORT AUTHORITY

THIRD RESPONDENT

ERGON ENERGY CORPORATION LIMITED

FOURTH RESPONDENT

TELSTRA CORPORATION LIMITED

FIFTH RESPONDENT

JUDGE: DOWSETT J

DATE OF ORDER: 24 APRIL 2006

WHERE MADE: CAIRNS

THE COURT NOTES THAT:

A. The applicant has, pursuant to the Native Title Act 1993 (Cth) (the "Act"), made native title determination application No QUD 6015 of 1998 ("the application") in relation to the area identified in order 1 appearing below (the "determination area").

B. The parties have agreed upon the terms of a determination of native title to be made in relation to the determination area.

C. The determination plan in Schedule 1 is to be registered by the State of Queensland with the Department of Natural Resources, Mines and Water.

D. The parties have applied to the Court for a consent determination that native title exists in relation to the determination area.