Massive native title decision looms for Sunshine Coast, Noosa, Gympie, Fraser Coast

The Federal Court of Australia is expected to formally recognise the Kabi Kabi people as the native title holders of a massive part of the Sunshine Coast, Noosa, Gympie and Fraser Coast regions. So what will it all mean?

The Kabi Kabi people are expected to be formally recognised as Native Title Holders of the Sunshine Coast region.

• What is native title? Your questions

A Queensland body has rejected suggestions Sunshine Coast landmarks such as the Glasshouse Mountains and Mt Coolum could be shut down to the public if the Kabi Kabi people are formally recognised as native title holders.

The Federal Court of Australia is expected to formally recognise an application for Sunshine Coast, Noosa, Gympie and Fraser Coast regions on Monday.

The Honourable Justice Collier is expected make the announcement for 365,345 hectares of their traditional country.

Part A of the Kabi Kabi determination extends in the south from the Elimbah Creek catchment area, Sandstone Point and Bribie Island, to Cooloola National Park, Curra State Forest, Mary River, and the Isis River in the north.

Significantly, Monday’s ruling could include for the first time ‘the right to ‘take resources from the area for any purpose’ being recognised in South East Queensland, according to a statement from Queensland South Native Title Services.

Prior to this determination, the right was confined to personal, communal, and non-commercial purposes.

Asked whether the ruling could impact the wider community’s access to significant landmarks such as Glasshouse Mountains, Mudjimba Island and Mt Coolum for recreational use, Queensland South Native Title Services said: ‘No’.

The body also rejected suggestions it would result in more national parks being closed off in the future.

In relation to taking resources for ‘any purposes’, the group said: “What this determination of native title means is that the law of Australia recognises that the Kabi Kabi people, before colonisation, could exploit their natural resources for any purpose that they deemed necessary.

“There was no limitation on how they could exercise that right.

“For example, Kabi Kabi people had a right to take bunya nuts for food or for trade with other groups and this right continues today.

“Similarly, resources such as wood could be taken and made into artefacts which could be traded or sold. This remains the case today.

“The laws of Australia still apply in such a way as to ensure that personal property is excluded from the exercise of this right, but the determination recognises what the actual right is – a right to use resources for any purpose.”

Asked whether it would result in charges being levied by Indigenous groups in the future for access to land, the group said it would not.

Buderim Forest Park falls is among the significant sites. Picture: Mel Burnett

The determination area includes Gympie, Noosa, Maroochydore, Caloundra, Mudjimba Island, Nambour, Jimna and the Burnett and Coast Ranges.

The orders sought at the consent determination recognises the Kabi Kabi People’s non-exclusive native title rights in relation to the land and waters in the determination area.

Non-exclusive native title can include the right to live and camp in an area, light fires for personal or domestic use, hunt and fish. These rights co-exist with the rights of other land users. More on native title explained here

A map of the areas covered by the Kabi Kabi Native Title claim.

Old Women Island Mudjimba beach – Photo: Chantelle Niebling

Significant sites and areas include:

• Mooloolah River

• Maroochy River

• Sandstone Point

• Murdering Creek

• Glass House Mountains – Coonowrin, Tibrogargan, Beerwah, Tunbubudla, Elimbah, Ngungun, and Miketeebumulgrai

• Mount Coolum

• Mount Ninderry

• Noosa Headlands (Wuntama) and Lake Cootharaba (Gungwinwa)

• Buderim Falls

• Mudjimba Island

Mt Coolum waterfall. Picture: Greg Forward.

The Applicant for the Kabi Kabi native title claim includes the following people: Norman Bond, Kerry Jones, Brian Warner, Helena Gulash, Cecila Combo, Melissa Bond, and Michael Douglas.

According to the statement from the Queensland South Native Title Services, The Native Title Claim Group are the descendants of these ancestors:

• Maggie Cadenti/Cadente/Cantidi: “Maggie”;

• George Parson;

• Albert Williams;

• Ngimburum;

• Kaloma-kuta/Galmaguda/Haloma-kuta/Kal-ma-kuta;

• Willie Kina; • Susan Andy; • Jacky Ball (or Baul);

• Maggie Cain/Caine; • James Crow/Crowe;

• Maggie Palmer;

• Emma Dunne;

• William/Billy Glenbar;

• Annie Laurie;

• May Burnett;

• Tuppernywoe/"King" Tommy of Noosa;

• Dundalli;

• Sarah Dinaba Moreton;

• Marian/Mary Ann Thompson;

• Towcha

HISTORY OF THE CLAIM

30 June 2010 – Consultant Anthropologist Dr Anthony Redmond contracted to complete an Anthropological Report for the Kabi Kabi People.

September 2012 – Dr Anthony Redmond completed an Anthropological Report titled Sunshine Coast Regional (Kabi Kabi) Native Title Connection Report based on research completed between 2010 and 2012 that completed Part 1 of the Research.

 21 May 2013 – Dr Anthony Redmond completed Parts 2 and 3 of the Research in his Connection Report titled Anthropological Connection Report: Sunshine Coast Region

(Kabi Kabi).

31 May 2013 – Application filed with the Federal Court of Australia pursuant to ss 13(1)(a) and 61 of the Native Title Act 1993 (Cth) (NTA).

7 August 2013 – Application accepted for registration by the Native Title Registrar under s 190A of the NTA and details of the Application were entered on the Register of Native Title Claims.

April 2015 – Dr Anthony Redmond completed a Revised Anthropological Connection Report: Sunshine Coast Region (Kabi Kabi) to address further evidentiary requirements identified in the Queensland State Government’s 2004 and 2006 Guidelines for the Provision of Information in Support of Applications for a Determination of Native Title.

20 July 2016 – State of Queensland advised that it was prepared to enter into substantive negotiations towards a consent determination.

15 May 2024 – Federal Court made orders setting Part A down for a consent determination on 17 June 2024.

17 June 2024 – Consent determination hearing.

The ruling follows a decision in North Queensland in favour of the Barada Yabalbara Yetimarala People, which concerned 7512sq km of land stretching from Sarina down to Rockhampton.