June 18, 2024
The Federal Court has recognised the Kabi Kabi People’s unbroken connection to areas across coastal and inland south-east Queensland.
Recognition of the group’s Native Title rights was determined at a Federal Court hearing in Brisbane on Monday.
The determination, handed down by Acting Chief Justice Collier, recognises non-exclusive rights to individual pieces of land upon which Native Title has not already been extinguished.
Monday’s determination is part of a larger claim which is being determined in stages.
The Kabi Kabi First Nation Traditional Owners Native Title Claim Group’s application – filed with the National Native Title Tribunal in December 2018 – covers parts of the Gympie, Somerset, Bundaberg, Fraser Coast, Sunshine Coast, Noosa and Brisbane council areas.
It is just the latest effort in a long struggle by Kabi Kabi / Gubbi Gubbi people, dating back decades and including previous tribunal applications, to have Native Title recognised.
However, the legal issues are not yet fully resolved.
Monday’s determination only applies to Part A of the Kabi Kabi First Nation claim, which covers an area from Bribie Island to Cooloola National Park and west to Jimna and the Burnett ranges.
Parts B and C are yet to be determined.
This first ruling has been welcomed by the claimants, descendants of a narrowly defined group of 20 apical ancestors.
“This determination is important because it recognises that I am a Traditional Owner of these lands,” Uncle Michael Douglas said.
“This determination empowers us all and I am looking forward to passing on what this means with all of the Kabi Kabi People.”
The Kabi Kabi Peoples Aboriginal Corporation has been established as the Prescribed Body Corporate which will hold the Native Title rights and interests in trust.
Rights of parties under previous Indigenous Land Use Agreements – including the Wakka Wakka #2 and Tarong ILUA registered on September 8, 2009 – are not affected by the latest determination.
- External link: Monday’s Native Title Determination
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Footnote: Native title cannot be claimed in areas where it has been extinguished, such as privately owned land (residential freehold and privately owned freehold farms), residential, commercial or community purpose leases, public work areas such as schools, roads or hospitals; and pastoral or agricultural leases that grant exclusive possession.
Native title can be claimed on vacant Crown land which is unoccupied or unallocated; some State Forests, National Parks and public reserves; inland waters; some leases, such as non-exclusive pastoral and agricultural leases; and some land held for Aboriginal people. It can only be claimed in areas where it has not been extinguished.
