Federal Court hears Redland, Energex response to native title claim for 3500 bayside sites

Some 3500 parcels of South East Queensland land are part of a multimillion-dollar native title claim that has brought a local council and energy provider to federal court.

Justice Angus Stewart is overseeing a complex matter involving multiple land and native title claims across the bayside city of Redland.

A southeast Queensland council has formally responded in the Federal Court to a multimillion-dollar native title claim against the state government affecting more than 3500 sites on Brisbane’s bayside.

The hearing, before Justice Angus Stewart, marked the first day of arguments in a complex matter involving multiple land and native title claims across the bayside city of Redland.

The proceedings, which have been part of an ongoing eight-year battle by the Quandamooka People, are set to determine how public reserves, infrastructure, and statutory powers interact with native title in Redland and possibly have broader legal ramifications.

Redland City Council joined as a non-claimant respondent, adding its own applications to ensure clarity about whether native title has been extinguished on approximately 3500 council-owned or managed parcels of land.

■ Your native title questions answered

Barrister Jonathan Horton KC, appearing for Redland council, told the court the case was about protecting existing facilities and their ongoing use, not about new works.

“Future requirements should not be taken into account,” Mr Horton said.

He submitted that the council’s parks, walkways, pipes, and other infrastructure met the definition of public works under the Native Title Act.

Mr Horton also argued that the council’s powers were grounded in statute, regardless of whether it was acting as trustee for land or not.

“Everything we’ve (Redland) put up is a structure, park, equipment, paths, pipes, facilities or structures in the simple, straightforward sense of the word,” he said.

“Whether the council’s acting as trustee or not, it’s still a statutory body which gains its authority, legal authority, only from the statute,” he told the court.

The court also heard from Energex, represented by barrister Stephen Lloyd KC.

The electricity distributor, a wholly owned subsidiary of Energy Queensland, operates poles, towers, and lines within the claim area.

Energex has generally taken a limited role in native title matters, but its assets are being relied upon by the council to establish extinguishment in parts of Redland.

Mr Lloyd told Justice Stewart that the assets clearly qualified as public works and that the company’s ability to access and maintain them required surrounding buffer zones.

“There can be some argument as to how big the area is, but bigger than zero,” he said.

Energex is seeking confirmation from the court that its infrastructure will be protected under any determination, without the need to list each pole and tower individually.

Quandamooka native title holders Aunty Evelyn Parkin and Uncle Robert Anderson. Pictures: The Courier-Mail

The case, listed as Evelyn Parkin & Anor on behalf of the Quandamooka Coast Claim and State of Queensland & Ors is scheduled to continue over coming weeks.

Justice Stewart, who allowed the matter to be live streamed, will determine how native title coexists with council-managed land and electricity infrastructure across Redland.

The case will extend over several weeks, with Justice Stewart evaluating how native title coexists with council-managed land and public infrastructure across Redland.