Current Native Title applications in South West Queensland

Amid landmark determinations of Native Title in Queensland, find out where Native title is and is not recognised in the southwest, and where it could be in the future.

In a landmark ruling, the Kabi Kabi people have been recognised as the Native Title holders to more than 250,000 parcels of land in Queensland.

The ruling has been an opportunity to learn about what Native Title means, and what the implications are when Native Title is determined in an area.

In South West Queensland, there are four current Native Title applications with the federal court, across 11 local council areas including the Balonne Shire Council, Goondiwindi Regional Council, Western Downs Regional Council, Barcoo Shire Council, Quilpie Shire Council, Bulloo Shire Council, Lockyer Valley Regional Council, Scenic Rim Regional Council, Southern Downs Regional Council, and Toowoomba Regional Council.

The Githabul People (Waringh Waringh), Wongkumara People, Gamilaraay People and Iman People all have current applications for Native Title recognition across various parts of South West Queensland.

Acting solicitor on behalf of the Iman People, and experienced Native Title lawyer, Colin Hardie said Native Title applications are often complicated and protracted.

Native Title applications tend to have one of four outcomes. In cases where Native Title is determined, it can either be exclusive or non-exclusive.

Alternatively, Native Title might not be found, or is found to have been extinguished due to freehold ownership or an active lease.

In South West Queensland, there has only been one finding of exclusive Native Title to date.

The Kooma People were recognised as exclusive Native Title Holders in 2014 in a Federal Court decision, which covered approximately 868 square kilometres across the Paroo Shire, Balonne Shire, Murweh Shire and Maranoa region, made by Justice Darryl Cameron Rangiah on June 25, 2014.

In his decision, Justice Rangiah determined the Kooma people had exclusive rights to possess, occupy, use and enjoy the land “to the exclusion of all others”.

Mr Hardie said when Native Title is determined in any capacity, it must be held by a prescribed body corporate.

The Kooma Aboriginal Corporation is the organisation responsible for maintaining the rights and interests of the Kooma People.

However, Mr Hardie said exclusive Native Title is not common. He said in South West Queensland especially, a lot of Native Title has been extinguished because of freehold title.

“Once Native Title is extinguished, unless it becomes unallocated state land, it can’t be revived,” Mr Hardie said.

Mr Hardie said this is the case for the Iman People’s most recent application.

“The Iman People are already Native Title holders,” Mr Hardie said.

However, Mr Hardie said a few plots of land which weren’t included in the original application, have since become unallocated state land, which meant there was a renewed opportunity to apply for Native Title rights to those small plots.

Mr Hardie said while Native Title allows First Nations people to practice their culture on Country, it still falls short in some ways.

“If people are waiting for Native Title to redress (past) wrongs, they’re going to be sadly disappointed,” Mr Hardie said.

Mr Hardie said in his experience, significant sites to First Nations people tend to be in places that aren’t used a lot by Europeans.

“The more worthless the land is, the better the chance of getting Native Title.”