Native Title

Gangalidda-Garawa people

Gangalidda-Garawa people

Gkuthaarn/Kukatj Claim Group

Gkuthaarn/Kukatj Claim Group

Indigenous Land and Sea Country Planning Meeting - Normanton 2014

Kurtijar Claim Group

Kurtijar Claim Group

Indigenous Land and Sea Country Planning Meeting - Normanton 2014

Waanyi Elders

Waanyi Elders

Gulf Region Aboriginal Corporation Meeting

Gulf Region Aboriginal Corporation Meeting

Overview

The Carpentaria Land Council Aboriginal Corporation (CLCAC) was first established in 1982 as a community based organisation to represent, protect and secure the rights and interests of Aboriginal people in the Gulf of Carpentaria. Following the holding of a large meeting in Doomadgee, CLCAC was incorporated under the Aboriginal Councils and Associations Act on 27 April 1984.

On 30 June 1994, CLCAC was recognised under the Native Title Act 1993 as the representative Aboriginal/Torres Strait Islander body for the Gulf Region. This region includes land and waters from the Northern Territory border to east of Normanton, and the islands and seas of the lower Gulf of Carpentaria.

Today, CLCAC is the largest and most eminent corporate entity representing the rights and interests of Traditional Owners in the lower Gulf of Carpentaria with its membership drawn from the following nine Aboriginal Language Groups whose traditional lands and waters are located in the Gulf (listed in alphabetical order):

  • Gangalidda
  • Garawa
  • Gkuthaarn
  • Kaiadilt
  • Kukatj
  • Kurtijar
  • Lardil
  • Waanyi
  • Yangkaal

Since first being recognised as a NTRB, CLCAC has achieved several important and positive outcomes to provide for the protection and recognition of the native title rights and interests of Aboriginal traditional landowners in northwest Queensland.

CLCAC employs various consultative mechanisms to ensure that its members and the people that it serves have input into its decision-making and prioritisation. The primary means of consultation is by way of applicant, claim group and prescribed body corporate meetings, held regularly to advise native title claimants and native title holders about recent court decisions, the legal context for native title and to discuss matters relevant to the progress of their native title applications and ancillary matters.

Responsibilities and Services

In performing the role and functions of a native title representative body, we assist Traditional Owner groups in the lower Gulf Region to pursue native title rights over their traditional lands and waters. This has resulted in successful determinations for the Waanyi, Gangalidda, Gkuthaarn, Kukatj, Lardil, Yangkaal and Kaiadilt Peoples.

Much of the remaining land in the Gulf is subject to native title claims lodged with the assistance of the CLCAC.

Further updates and progress on current claims can be found in our annual reports, newsletters or on our Facebook page.

Native Title Claims

Waanyi Claim

The CLCAC assisted the Waanyi People to pursue a claim for native title over their traditional land and waters.  The claim was filed in 1999 and culminated in a final positive determination on 9 December 2010 (Aplin on behalf of the Waanyi Peoples v State of Queensland (No 3) [2010] FCA 1515).  The determination covers 1,730,081 hectares in the Southern Gulf of Carpentaria, making it the largest single determination in Queensland history.

The determination, which was made by Justice Dowsett of the Federal Court sitting at the MMG (Century) mine site, recognised the native title rights and interests of the Waanyi Peoples in the determination area, including exclusive possession over the Bidunggu Land Trust area and non-exclusive possession over a number of pastoral properties, reserves and Boodjamulla (Lawn Hill) National Park.

At the determination hearing, Waanyi representative Eunice O'Keefe commented:

"This has been a long, hard struggle for us. It is important for us to acknowledge those Waanyi people who have passed away during this long fight. They are with us in spirit today. This fight would not have been possible without the knowledge, wisdom and courage of our elders, past and present. We will never forget their sacrifice. While we celebrate our native title recognition today we also hope that this will be the start of a better future for all Waanyi People".

Gangalidda and Garawa Claim

CLCAC has assisted the Gangalidda and Garawa Peoples to obtain positive determinations of native title over parts of their two claims.

By consent, a determination was made on 23 June 2010 (QC04/05 and QC95/03; Gangalidda and Garawa People v State of Queensland [2010] FCA 646) recognising the Gangalidda and Garawa Peoples' native title rights over 5,810 sq km of land and waters, including exclusive native title rights over an Aboriginal Land Trust area and Aboriginal owned pastoral leases.

Wellesley Island’s Sea Claim

CLCAC assisted the four Applicant groups in the Wellesley Island Sea Claim to obtain a determination of native title in Lardil Peoples v State of Queensland [2004] FCA 298. The determination recognises non-exclusive rights to land and waters, such as rights of access for the purposes allowed under traditional laws and customs and the right to fish, hunt and gather living and plant resources.

CLCAC also assisted the Lardil, Yangkaal, Gangalidda and Kaiadilt Peoples to lodge and pursue a second native title claim over the Wellesley Islands. This claim led to a consent determination on 9 December 2008:Lardil, Yangkaal, Gangalidda and Kaiadilt Peoples v State of Queensland [2008] FCA 1855. The determination recognises exclusive possession over most of the area claimed and covers 127,400 ha, including outstations, subleases and freehold under the Aboriginal Land Act 1991 (Qld).

Together, these two native title claims are a significant victory for the Lardil, Yangkaal, Gangalidda and Kaiadilt Peoples, and are a testament to the strength and perseverance of these groups in fighting for the recognition of their native title rights.

Collectively, these native title determinations represent the expression of a deliberate native title claim strategy initiated by the CLCAC in 1996. They represent a significant victory for the traditional owners of the Gulf and serve as a testament to the strength and perseverance of these groups in fighting for the recognition of their native title rights.

Much of the remaining land in the Gulf is subject to native title claims lodged with the assistance of the CLCAC. We are currently assisting the Gangalidda and Garawa Peoples to pursue the remainder of their claim and assisting the Gkuthaarn, Kukatj and Kurtijar Peoples with native title claims in the Normanton/Karumba area. CLCAC has also helped establish three prescribed bodies corporate to hold and manage native title right and interests on behalf of the Lardil, Yangkaal, Kaiadilt, Gangalidda and Waanyi native title holders.

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