Fed Court Name: Combined Dulabed Malanbarra Yidinji People v State of Queensland
Determined: 17 Dec 2009
Method: Consent
Outcome Native title exists in the entire determination area
Road map to native title
Starting in 1994 when Yidinji member, Len Royee, lodged a claim with the Tribunal on behalf of the Yidinji People. It was 15 years later that native title was recognised in the Federal Court of Australia.
Native Title
On 17 December 2009 the Federal Court of Australia made a consent determination recognising the Combined Dulabed Malanbarra Yidinji peoples’ native title rights over 16,460ha of land and waters, 37km south of Cairns in Far North Queensland. The determination area includes parts of Gadgarra Forest Reserve, Wooroonooran National Park and areas of unallocated state land located near the upper reaches of the Mulgrave River. The Federal Court recognised the Combined Dulabed Malanbarra Yidinji peoples’ exclusive native title rights over one third of their claimed area, 6,540ha of unallocated state land. This means they have the right to possess, use and occupy this area exclusively and will not be required to share the land with others. The Court also recognised their non-exclusive rights over 9,920ha of reserves and national parks, including the right to:
access, traverse and camp on the area
take and use traditional natural resources for personal, domestic, non-commercial and communal purposes, and
perform cultural or spiritual activities.
Their non-exclusive rights to water are to:
hunt and fish in, or gather from, the water for personal, domestic and noncommercial, communal purposes.
take, use and enjoy the water to satisfy personal, domestic, communal needs but not for commercial purposes.
These exclusive and non-exclusive rights will be exercised alongside each other.
The Dulabed and Malanbarra Yidinji peoples negotiated with parties to their claim to reach this outcome. They also negotiated four indigenous land use agreements (ILUAs) that establish how their respective rights and interests will be carried out on the ground.
The Dulabed Malanbarra and Yidinji Aboriginal Corporation has been established as the Prescribed Body Corporate to manage the native title rights on behalf of all native title holders.
WARNING: Aboriginal and Torres Strait Islander people are warned that the following may contain images of deceased persons.
