Kowanyama People v State of Queensland [2009] FCA 1192

FEDERAL COURT OF AUSTRALIA

Kowanyama People v State of Queensland [2009] FCA 1192

NATIVE TITLE – consideration of an application for orders supported by an agreement for a consent determination of native title rights and interests in the land and waters of the Determination Area consisting of a part of the area the subject of the principal application – consideration of s 87A of the Native Title Act 1993 (Cth) – consideration of whether proposed orders appear "appropriate" to the Court and whether orders ought to be made as sought determining native title rights and interests in the Kowanyama People in land and waters on the western side of Cape York Peninsula bounded in the north by the Coleman River, in the south by the Rutland Plains pastoral lease, in the east by the Mitchell‑Alice Rivers National Park and in the west by the Gulf of Carpentaria together with coastal land bounded in the north by the southern bank of the Coleman River, in the south to a point south of the Staaten River and in the east to a line generally following the high water mark, and in the west to a line in the waters of the Gulf of Carpentaria which approximates a water depth to which a grown Kowanyama person can wade at low tide

Native Title Act 1993 (Cth), ss 13, 61, 57, 87A, 94A, 223, 225 Native Title (Prescribed Bodies Corporate) Regulations 1999 (Cth), Reg 4

Members of the Yorta Yorta Aboriginal Community v State of Victoria (2002) 214 CLR 422 - cited Wik and Wik Way Native Title Claim Group v State of Queensland [2009] FCA 789; (2009) 258 ALR 306 - cited

Other Material "Native Title – A Constitutional Shift?" , University of Melbourne Law School, JD Lecture Series, Chief Justice French, 24 March 2009 GLENETTE GREENWOOL, GARY HUDSON, EVANS JOSIAH, GRIFFITH PATRICK, DENNIS MICHAEL, RAVIN GREENWOOL, RICHARD BARNEY, JENNY PAUL, DONNA BRUMBY, PRISCILLA MAJOR, ROSLYN GILBERT, UNA CLAUDE, CORRINE DANIEL, KELVIN GREENWOOL, DOUGLAS ERIC, TEDDY BERNARD, ROSEMARY HENRY, GEORGE WILLIAM ADAMS, CHRISTOPHER HENRY, ROGER INKERMAN, LYNDELL MICHELLE ANNE JIMMY, ROY DENNIS MAGGABLE, HAZEL PAUL, ANGELA FIONA EDWARDS, SHAUN KALK EDWARDS, MAY EDWARDS, LINDSAY EDWARDS, GLENNIS ROSE MUDD, SHENANE JAGO, COLIN LAWRENCE, ARTHUR LUKE, CHRISTINE LAWRENCE, IVAN JIMMY, SHIRLEY YAM, MARIA DICK AND ROBERT HOLNESS ON BEHALF OF THE KOWANYAMA PEOPLE v STATE OF QUEENSLAND, COMMONWEALTH OF AUSTRALIA, KOWANYAMA ABORIGINAL SHIRE COUNCIL, GREG HOOK, JUSTIN HOOK, PETER TONON, CLAUDINE ELIZABETH WARD, GARY DAVID WARD, SHANE ANDREW WARD, YAN WARD, TELSTRA CORPORATION LIMITED, CARPENTARIA SHIRE COUNCIL, COOK SHIRE COUNCIL, TABLELANDS REGIONAL COUNCIL, ERGON ENERGY CORPORATION LIMITED, AIRSERVICES AUSTRALIA, MDH PTY LTD, HERBERT JAMES FALOON, INKERMAN STATION PTY LTD, DOUGLAS PRICE, BERNARD JAMES STUMER AND HARVEST HOME HOLDINGS PTY LTD