The federal court ruling grants traditional owners a number of rights over 365,345 hectares of land in south-east Queensland
Noosa is among the areas covered in the Kabi Kabi people’s native title win over large parts of Queensland’s Sunshine Coast.Noosa is among the areas covered in the Kabi Kabi people’s native title win over large parts of Queensland’s Sunshine Coast.
Unlike other types of land tenure, native title only grants a specific, discrete set of prescribed rights, typically called a “bundle of rights”. Those rights don’t include the right to sell, though the state must compensate the claimant if it extinguishes them. It might do that if it wants to turn part of the area into a coal mine or a housing estate, for instance.Access, be present on, move about on and travel over the area.Take resources of the area for any purpose.
In order to win these rights, the Kabi Kabi had to prove that their ancestors occupied the area under a set of laws and customs, which had continued ever since.The determination area extends from the Elimbah Creek catchment area, Sandstone Point and Bribie Island north to Cooloola national park, Curra state forest, Mary River and the Isis River. It stops in the east at the coast and in the west at Nambour, Jimna and the Burnett and Coast ranges.
Acting Chief Justice Berna Collier endorsed the deal struck between the state government and Kabi Kabi people on Monday. This is one of the first native title determinations in south-east Queensland, covering by far the most urbanised area. Native title has been granted in many other parts of the state, including the very first one, on“It means the Kabi Kabi people can be formally recognised by all tiers of government and by the public without feeling they have to justify who they are, because the native title claim process was not complete,” he said.“This is a step, a step forward.
Under Australian law, native title is completely extinguished by a number of forms of land tenure, including freehold for residences. That means the judgment does not apply to any residential land anywhere.
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