Native Title
Our Quandamooka Native Title Determination – 4th of July 2011
On 4 July 2011, the Federal Court of Australia made two native title consent determinations recognising the Quandamooka people’s native title rights and interests over land and waters on and surrounding North Stradbroke Island, and some islands in Moreton Bay. The combined determination area is about 54,472 hectares, with native title determined to exist over about 54,408 hectares of land and waters, including areas of national parks, reserves, unallocated State land and other leases. At the time of determination, on 4 July 2011, Judge Dowsett stated, “I find that the Quandamooka people are descended from a society of aboriginal people who were in occupation of the land and waters of the determination area at the time of first assertion of British sovereignty. Those people formed a society, united in and by their acknowledgment and observance of traditional laws and customs. Through the observance of these traditional laws and customs, the Quandamooka people have maintained a connection with the Determination Area.
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. In so doing I bind all people for all time. This includes the Commonwealth of Australia, the State of Queensland, the Redlands City Council and the Brisbane City Council.
I congratulate the Quandamooka people upon their achievements today. I do so on behalf of all Australian people, but particularly on behalf of the Judges of this Court and our staff. We know that the years since first European settlement have not been kind to you and to those who have gone before you. There has been much sadness for which the belated recognition of ancient rights offers little compensation. Nonetheless we hope that with this step today, you will have a firm basis for a brighter future in which we hope to help rather than hinder, and in which we hope to share.”
The outcomes achieved are the result of negotiations between the Quandamooka people and the various parties to the two applications. The Quandamooka people also negotiated two indigenous land use agreements (ILUAs) that establish how rights and interests will be exercised on the ground.
Further information regarding the Native Title consent determination can be found at www.atns.net.au.
The formal judgment handed down by the Federal Court can be found at www.austlii.edu.au.
Quandamooka People #1 and #2 – Minjerribah Native Title Determination
4 July 2011
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
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
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.
Quandamooka People #4 – Mulgumpin Native Title Determination
27 November 2019
On 27 November 2019, the Quandamooka People were recognised as having Native Title rights and interests over 90% of land on Mulgumpin (Moreton Island) above the high-water mark: Anderson on behalf of the Quandamooka People (Mulgumpin/Moreton Island Claim) v State of Queensland (no 2) [2019] FCA 2001 (Determination).
Exclusive Possession
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 8(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 for any non-commercial purpose.
Non-Exclusive Possession
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 8(a) and 9 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 15 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 for any non-commercial purpose.
Quandamooka People Claim #5
22 October 2016
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 area covered by the Quandamooka Coast Claim includes areas of land and waters within Cleveland, Capalaba, Redland Bay, Victoria Point, Macleay Island, Karragarra Island and Lamb Island where native title has not already been validly extinguished.
12 May 2017
The Claim was registered by the National Native Title Tribunal on 12 May 2017, with QSNTS as the legal representatives.
2020-2022 Period
Following evidence filed to support the claim, the State of Queensland accepted the Quandamooka People’s connection to the area within the claim boundary and all parties to the claim agreed to a timetable which set out the steps that were required to be taken for a consent determination to occur.
A tenure analysis process was conducted in 2021.
Mediations occurred between the parties in 2021 and 2022 regarding tenure matters and the status of native title over certain parcels. The Quandamooka Applicant, through the legal representative QSNTS, maintain the position that the Quandamooka People do not seek a determination of native title over areas where native title has been extinguished, including areas of valid public works and freehold estate and that it is unnecessary for native title to be expressly recorded as extinguished where no native title is being claimed.
Non-Claimant Applications (Redland City Council)
On 24 March 2022, Redland City Council filed 2 Non-Claimant Applications seeking orders that native title has been extinguished (determination that native title does not exist) over parts of the Quandamooka Coast Claim application area.
20 December 2024
Following unsuccessful mediation to settle the dispute with Redland City Council the Quandamooka Coast Claim is now set for trial (contested determination hearing).
On 20 December 2024 Justice Stewart ordered that the combined proceedings (Quandamooka Coast Claim and RCC Non-Claimant Applications) be listed for hearing for 3 weeks commencing on 1 September 2025 in Brisbane, with a further 1 week hearing commencing on 1 December 2025 in Brisbane.