QYAC provides legal representation, facilitation and assistance to the Quandamooka people relating to their native title claim including consultation, negotiation and mediation. QYAC also provides representation in court proceedings to defend the native title claim determination handed down by Justice Dowsett on 4 July, 2011.
QYAC represents the Quandamooka people in negotiations and, if necessary, arbitration of future acts.
Future acts are proposed activities that may affect the land and waters within the native title area such as mining, compulsory acquisition, tourism and other developments. QYAC is generally informed of future acts under s 24 of the Native Title Act and will provide guidance in understanding the proposal and advice regarding the response to the Quandamooka people.
An ILUA is a negotiated agreement between native title groups and third parties regarding the management and use of land and waters within a native title claim area. ILUA’s are achieved through a negotiation process provided for under the Native Title Act 1993 as an alternative to lengthy litigation processes. Although not determined by a court, a registered ILUA is still a legally binding agreement and must be adhered to.
QYAC assists in the facilitation, negotiation and resolution of agreements as well as the certification for registration of an ILUA.
QYAC also provides a range of other services relating to native title including, but not limited to:
- Ensuring the Quandamooka people are aware of their obligations as native title holders as well as informing them on any developments in the native title claim area.
- Assist the Quandamooka people in harnessing their resources and seeking opportunities to create a sustainable industry ‘on country’.
- Act as a representative of native title organisations in general to make legislative and administrative changes to improve the native title system.
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. The two determinations bring the total number made in Australia to 148, and in Queensland to 56.
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.
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Business Hours: Monday to Friday, 8:30am to 4:30pm
Call: 07 3415 2816
Visit: 100 East Coast Road, Dunwich, North Stradbroke Island
Post: PO Box 235, Dunwich, Queensland 4183