Representatives of the Barada, Kabalbara, and Yetimarala Peoples have fought the case for 10 years.
The Indigenous people of central Queensland have been awarded title over their ancestral land after a Federal Court ruling.
Three groups, the Barada, Kabalbara and Yetimarala Peoples now have the right to “possess, occupy, use and enjoy the lands and waters” of the vast 7,512 square kilometre (4667 square miles) plot of land.
The plot comprises two areas, the first covering a stretch between Sarina in the Mackay region, and the second north of Rockhampton.
In Australia, Native Title refers to legally recognising Indigenous Australians’ traditional rights and interests in land and water.
The Native Title Act 1993 was established following the landmark Mabo v Queensland (No 2) decision in 1992, which overturned the concept of terra nullius and recognised the pre-existing rights of Indigenous people.
Descendants make claims on behalf of Indigenous people and are required to prove their connection to the land prior to the arrival of Europeans.
10-Year Legal Battle
Since filing an application in July 2013, the case for the return of the land has been heard 50 times in court. An amended application was filed in January 2019 by Sam Dallachy and others, who presented their case as descendants of the area’s original inhabitants, known as “apical ancestors.”
It was argued his ancestors were the “apex of the genealogical account” of people who had a valid association with the area claimed in 1865—a time described in the application as the “effective date of sovereignty.”
The applicants were required to provide evidence of the practice of Indigenous customs and the passing on of traditional knowledge between generations, and documents from the time revealed interactions between Europeans and local Indigenous people that satisfied Justices Sarah Derrington, Darryl Rangiah, and John Reeves who issued their ruling.
Native Title Claims in Queensland
Native Title cases in Queensland have been granted in the affirmative to 180 applications (of 400) over the past 30 years. Currently, 39 unsettled claims are sitting at various legal stages.
In 2021, Queensland Minister for Resources Scott Stewart said nearly one-third (28.9 percent) of the state was subject to a claim.
He said it was vital to “recognise the rights, history and culture of our First Nations peoples and the deep connection they continue to hold to the land and their ancestors—a connection that has existed for more than 60,000 years.”
Yet the granting of claims has often been contentious.
In March, residents of the Queensland town of Toobeah started a petition to oppose the granting of a freehold title to the Bigambul Aboriginal Corporation for a 20-hectare reserve that included the town’s dump, hall, and rodeo grounds.
The townspeople said the government had not undertaken proper community consultation and pushed through the claim under the “Path to Treaty” legislation recently proposed by the Labor government.
