Gudjula Native Title Consent Determination

On 18 March 2014 the Federal Court of Australia made two consent determinations recognising the Gudjula People’s native title rights over more than 30,000 square kilometres. The Gudjula People and Gudjula People #2 native title applications were lodged in 2005 and 2006 respectfully and include exclusive and non-exclusive native title rights and interests. On 13 December 2016 the Federal Court of Australia made two further consent determinations for Gudjula People (Part B) and Gudjula People #2 (Part B).

The Gudjula People’s Non-exclusive native title rights and interests that exist over part of the determination area consist of:

• the right to access, be present on, move about, and travel over the determination area;

• the right to camp, and live temporarily on the area as part of camping, and build temporary shelters;

• the right to hunt, fish, and gather on the land and waters of the area for personal, domestic and non-commercial communal purposes;

• the right to take and use the natural resources, including water, from the land and waters of the area for personal, domestic and non-commercial communal purposes;

• the right to conduct ceremonies and teach on the area;

• the right to maintain places of importance and areas of significance to the native title holders under their traditional laws and customs and protect those places and areas from physical harm; and

• the right to light fires on the area for domestic purposes including cooking, but not for the purpose of hunting or clearing vegetation.

The Gudjula People’s Non-native title rights and interests that exist within the determination area

• the rights and interests of parties involved in ILUA’s over the determination area;

• the rights and interests of Ergon Energy Corporation as the owner and operator of any ‘Works’ within the determination area;

• the rights and interests of Charters Towers Regional Council and Flinders Shire Council under their local government jurisdiction and functions for that part of the determination area within the area declared to be their respective local government areas;

• the rights and interests of the holders of leases, licences, reservations, permits, easements or authorities granted under the Land Act 1994 (Qld);

• the rights and interests of the holders of any permits, claims, licences or leases granted under the Mineral Resources Act 1989 (Qld);

• the rights and interests of the public to access parts of the determination area; and

• the rights and interests held by the State of Queensland or the Commonwealth of Australia.

(In the case of conflict, the exercise of non-native title rights and interests will prevail over the non-exclusive native title.)

The Ngrragoonda Aboriginal Corporation are the recognised native title body corporate who administer the land on behalf of the Gudjula People.