Native title

There’s a new vision

to give North Stradbroke Island a strong, green future.

Land justice for North Stradbroke Island’s

traditional owners
Central to the Queensland Government’s new vision for
North Stradbroke Island is achieving land justice for the
Quandamooka people.

The Quandamooka people are the traditional owners of

Minjerribah, or North Stradbroke Island (NSI). They have
lived on the island for thousands of years and have been
actively pursuing native title recognition for many years.

The Queensland Government recently reached a milestone
with the Quandamooka people—agreeing to clear the path
for achieving formal native title recognition in the Federal
Court of Australia in 2011.
The Government believes the Quandamooka people have
an essential role to play in developing a sustainable future
for the island. It will work with the Quandamooka people
to develop an Indigenous Land Use Agreement (ILUA) to
resolve native title and land management matters.
The agreement will provide a platform for land tenure
and management that will recognise the Quandamooka
people’s rights to be custodians and managers of
their traditional country, and protect the outstanding
environmental and cultural values of the island.
In addition, the Queensland Government’s new vision
for NSI presents a range of employment and economic
development opportunities for the Quandamooka people.
As a first step, the Quandamooka people will undertake a
management role within the newly created national park.
In the future, culturally orientated nature-based businesses,
run by the Quandamooka people, are seen to be an integral
part of the vision for the island.
Steps to achieving native title
Native title describes the rights and interests of Indigenous
people under their traditional laws and customs. It is the
recognition by Australian law of these existing rights and
interests in land and water.
The process begins under the Native Title Act 1993
(the Act) when a native title claim group, in this case the
Quandamooka people, files an application in the Federal
Court seeking a determination that recognises them as
native title holders over the area claimed.

The Quandamooka Elders are clear in their belief that the

solution to improving their economic well-being lies in the
return of their role as custodians of their traditional land
and sea country.
Have your say
Share your views by calling 1300 130 372 or
email: straddie.vision@derm.qld.gov.au

For the full story, visit <www.qld.gov.au>.

Tomorrow’s Queensland: strong, green, smart, healthy and fair


The Quandamooka people have two claims that
commenced in 1995 and 1999, respectively. The claims
cover the majority of North Stradbroke Island, Peel Island,
Goat Island, the surrounding waters of Moreton Bay and a
small lot behind the Cleveland Industrial Estate.
Under the Act, the Federal Court of Australia is responsible
for the management and determination of all applications
(claims) relating to native title in Australia.
The Court makes a ruling on native title claims following
either a trial (litigated determination) or following
agreement by the parties on the native title (consent
determination).
Following a positive assessment of the Quandamooka
people’s strong traditional ties to North Stradbroke Island
and the surrounding waters, the Queensland Government
has agreed to negotiate a consent determination with the
Quandamooka people. The negotiations in relation to the
claims focus on agreement on the nature and extent of the
native title rights to be recognised.
The Federal Court is expecting the parties to have reached
agreement in time for the Court to formally recognise
the Quandamooka people’s native title at a consent
determination hearing proposed for March 2011.
The parties involved in the claims include the
Quandamooka people, the Queensland Government, the
Commonwealth Government, Redland and Brisbane City
Councils, Telstra, Energex, some parties with a proprietary
interest and representatives from the mining, commercial
fishing and tourism industries such as Stradbroke Ferries.
www.qld.gov.au
Native title
Recognition of native title on North
Stradbroke Island
As with all native title claims, the Quandamooka people’s
claims can not cover private freehold or many types of
leasehold land, so the majority of landholders will not be
directly affected.
Where native title can be found to co-exist with the rights
of other landholders it is only non-exclusive native title
rights which will be recognised. In those circumstances the
consent determination will set out how the rights of the
landholder and native title holder can co-exist.
Further detailed co-existence / relationship arrangements
are often included in the ILUA that accompanies the
consent determination.
All rights and interests expressed in the consent
determination are subject to the laws of the State and
Commonwealth.
Management framework for the island
The Queensland Government and Quandamooka people
recognised that the negotiations on the native title
claims would be a good opportunity to initiate a broader
settlement on land tenure and to develop a management
framework for the future of NSI.
The Queensland Government believes a future ILUA will
protect the important environmental values of the island
whilst providing practical benefits to the Quandamooka
people—both financially and culturally.
The ILUA is an important component of the Government’s
future vision for NSI as it will provide a framework for
the Government and Quandamooka people to work in
partnership for the protection of the important community
and environmental values on the island.
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