Hatfield on behalf of the Darumbal People v State of Queensland (No 3) [2016] FCA 723

FEDERAL COURT OF AUSTRALIA

Hatfield on behalf of the Darumbal People v State of Queensland (No 3) [2016] FCA 723 File number: QUD 6131 of 1998

Judge: COLLIER J

Date of judgment: 21 June 2016

Catchwords: NATIVE TITLE – application under s 61(1) Native Title Act 1993 (Cth) – central Queensland coastal area – agreement by parties under s 87A Native Title Act 1993 (Cth) – whether Court satisfied it has power to make consent orders proposed by parties – whether Court considers it appropriate to make orders sought by parties – whether Court satisfied there is a proceeding in relation to application for a determination of native title – whether Court satisfied all relevant persons are parties to the agreement – nomination of prescribed body corporate – whether native title exists – anthropology and history of claim area and claim group – evidence of claim group members – evidence of historical and ongoing connection – ongoing engagement by claim group members with traditional customs and teachings – evidence of claim group members engaging in traditional activities

Legislation: Native Title Act 1993 (Cth) ss 56, 57, 61(1), 67, 87A, 87A(1)(a), 87A(1)(b), 87A(1)(c), 87A(1)(d), 87A(4)(a), 87A(4)(b), 223(1), 225 Native Title (Prescribed Bodies Corporate) Regulations 1999 (Cth) Explanatory Memorandum to the Native Title Amendment Act 2007 (Cth)