De Satge on behalf of the Butchulla People #2 v State of Queensland [2014] FCA 1132

FEDERAL COURT OF AUSTRALIA

De Satge on behalf of the Butchulla People #2 v State of Queensland [2014] FCA 1132 Citation: De Satge on behalf of the Butchulla People #2 v State of Queensland [2014] FCA 1132

Parties: BRONWYN DE SATGE, RODERICK TOBANE, BELINDA BARROWCLIFFE, SHIRLEY BLAKE, GEMMA CRONIN, SANDRA PAGE, LURLINE LILLIAN BURKE, CEPHA ROMA AND BRETT NUTLEY ON BEHALF OF THE BUTCHULLA PEOPLE #2 v STATE OF QUEENSLAND, FRASER COAST REGIONAL COUNCIL, TELSTRA CORPORATION LIMITED and KINGFISHER BAY RESORT VILLAGE PTY LTD

File number: QUD 287 of 2009

Judge: COLLIER J

Date of judgment: 24 October 2014

Corrigendum: 5 November 2014

Catchwords: NATIVE TITLE – application under s 61(1) Native Title Act 1993 (Cth) ("the Act") – claim area in respect of Fraser Island in Queensland – agreement by parties under s 87 of the Act – whether Court satisfied it has power to make orders in accordance with proposed consent orders – s 87(1)(c) – whether appears to Court appropriate to make orders sought by parties – ss 87(1) and (2) – parts of claim area subject to military orders pursuant to reg 54 National Security (General) Regulations 1939 (Cth) – question of extinguishment by military order subject of Full Court of Federal Court decision in Congoo and Others on behalf of the Bar-Barrum People #4 v State of Queensland (2014) 218 FCR 358 – special leave granted to appeal Bar-Barrum decision to High Court of Australia but not yet determined – orders sought subject to right of State of Queensland to seek to vary determination in event High Court allows appeal – ss 13(1)(b) and (5) of the Act – history and anthropology of claim area and claim group – nomination of prescribed body corporate – s 57 of the Act – details of matters in s 225 of the Act set out as required by s 94A of the Act –persons holding rights comprising native title – nature and extent of native title rights and interests in relation to determination area – relationship between native title rights and other interests – whether native title rights and interests confer possession, occupation, use and enjoyment of land or waters to exclusion of all others – consideration of historical and anthropological reports– evidence of claim group members – application of s 87 of the Act – evidence of continued connection – evidence of continued adherence by members of claim group to laws and customs – evidence of active engagement in traditions – evidence of engagement in activities identified as rights and interests – evidence rights and interests arise from traditional law and customs – whether State has taken steps to satisfy itself of credible basis for application