"I have not come here today to give anything to the Quandamooka People. These orders give them nothing. Rather, I come on behalf of all Australian People to recognise their existing rights and interests, which rights and interests have their roots in times before 1788, only some of which have survived European settlement. Those surviving rights and interests I now acknowledge" - Judge Dowsett, 4 July 2011
On 4 July 2011, the Quandamooka People were recognized as having Native Title rights and interests in 54,408 hectares of land on North Stradbroke Island: Delaney on behalf of the Quandamooka People v State of Queensland [2011] FCA 741 (Determination).
As part of the determination, Quandamooka People’s native title rights included:
• 2,264 hectares of Exclusive Possession lands; and
• 22,639 hectares of onshore areas, and over about 29,505 hectares of offshore areas of Non Exclusive possession lands.
Exclusive possession lands still have underlying Crown title (radical title), however Quandamooka people have the recognised rights to possession, occupation, use and enjoyment to the exclusion of all others (Paragraph 3(a) Determination). Native Title has always existed, and the determination is not a new right that exists from date of determination onwards, rather a formal declaration that Quandamooka People have always held that right.
Quandamooka People are able to own, occupy and use the exclusive possession lands, but are not able to sell those lands. They have the right to exclude all others from the lands and to control access which includes government agencies.
Quandamooka People also have the following rights to the exclusion of all others:
• The right to live and be present on the area,
• The right to conduct ceremonies,
• The right to maintain places of importance and areas of significance to the native title holders;
• The right to teach on the area about the physical and spiritual attributes of the area;
• The right to light fires for the domestic purposes such as cooking; and,
• The right to take, use, share and exchange traditional natural resources and seawater for any non-commercial purpose.
Non-exclusive possession rights of the Quandamooka People recognised by the Federal Court and consented to by the State of Queensland include the right to live and be present on the area, conduct ceremonies, to maintain places of importance and areas of significance to the native title holders, and to take, use, share and exchange traditional natural resources and seawater for any non-commercial purpose (Paragraph 3(b) and 3 (c) of the Determination).
Traditional Natural Resources include animals and plants as defined within the Nature Conservation Act 1992 (Qld), seaweed, charcoal, shells and resin, any clay, soil, sand, ochre, gravel or rock on or below the surface of the Determination Area (paragraph 13 Determination).
On Non-exclusive possession lands the following Native Title interests of the Quandamooka People are recognised, however other non-Quandamooka People have similar rights in the same lands:
• The right to live and be present on the area,
• The right to conduct ceremonies,
• The right to maintain places of importance and areas of significance to the native title holders;
• The right to teach on the area about the physical and spiritual attributes of the area; The right to light fires for the domestic purposes such as cooking; and,
• The right to take, use, share and exchange traditional natural resources and seawater for any non-commercial purpose.
On the 25 February 2012, the Quandamooka People #4 claim over Mulgumpin (Moreton Island) was authorised by the Quandamooka native title claim group. During the meeting, Uncle Robert Anderson and Aunty Evelyn Parkin were authorised by those present as Applicants for the claim.
On 8 November 2014, the claim was filed in the Federal Court by legal representatives, QSNTS. The claim area includes all of Mulgumpin, up to the high water mark, there is no sea country included in the claim.
On 25 March 2014, the claim was accepted for registration by the National Native Title Tribunal.
In April 2017, the State agreed to progress towards a consent determination of native title. Since that time the QSNTS (on behalf of the Applicants), QYAC, the State and the other respondents have been negotiating to reach an agreement. QYAC and the Applicant have put forward negotiation proposals that are consistent with the QYAC members 2012 Strategic Plan and mirror outcomes already achieved on Minjerribah such as joint . management of Country.
The authorisation meeting for the Mulgumpin claim in December 2018 was adjourned to answer certain questions proposed by a few people of the Quandamooka Claim group. QNSTS undertook further research and it was determined that the additional material provided by members of the claim group, did not constitute new evidence, and therefore the meeting will resume in the near future.
On 22 October 2016, the Quandamooka People authorised the Quandamooka Coast Claim and appointed Uncle Robert Anderson and Aunty Evelyn Parkin as the Applicants. The Quandamooka Coast claim area includes Mud Island, St Helena Island, Green Island, Coochiemudlo Island, Macleay Isl'and, Lamb Island and Karragarra Island and extends over the mainland to Redland Bay, Victoria Point, Toondah Harbour, Cleveland, Capalaba and Wellington Point.
The Claim was registered by the National Native Title Tribunal on 12 May 2017, with QSNTS as the legal representatives. QSNTS have already interviewed a number of Quandamooka People and recorded their evidence for use in further connection reports. QSNTS will soon appoint an expert who will carry out further connection research and interviews for the reports.
Phone: +61 (07) 3415 2816
Email: admin@qyac.net
