Native Title cuts Qld beach off from locals

A small strip of land in a sleepy Queensland beachside community has ignited debate over native title and residents’ access to a public beach. POLL

A small strip of land in sleepy Burrum Heads has ignited debate over native title and residents’ access to a public beach, which has sparked warnings from an MP it could lead to “more challenges across the country”.

The Butchulla people were granted almost 100ha of native title land on the Fraser Coast in December 2019, including 17ha of which is exclusive use.

One small section of this exclusive-use section stretches along a foreshore in front of Burrum Heads residents’ homes and includes a car park which was previously used by people to access the beach.

Burrum Street, Burrum Heads where a dispute regarding native title land is taking place. Picture: Supplied

The car park was recently blocked off with logs, while residents have complained that people are now being chased off this land and feel unsafe crossing the strip to the beach, which remains public.

Police were called to at least one incident which took place on Australia Day, but a Queensland Police Service spokeswoman said it was “verbal in nature” and no offences were found to have been committed.

Griffith Law School associate professor Kate Galloway said while it was understandable the residents may feel disappointed, the law was clear that when an exclusive-use determination was made the native title holders had the property rights.

She said it was possible to negotiate a land use agreement with the traditional owners.

The state Resources Department confirmed that access to the land was not permitted without agreement of native title holders and that it was working on the situation with the council and Butchulla Native Title Aboriginal Corporation.

Burrum Street, Burrum Heads where a dispute regarding native title land is taking place. Picture: Supplied

One resident, who declined to be named, said people did not have an issue with the native title being granted, but wanted to access the beach as they had for decades.

“People used to walk along the beach, but they’re not game to do it now,” he said.

Hinkler MP Keith Pitt said something needed to be sorted out before the situation escalated further.

“This is not a remote piece of land. This is almost 100ha near populated areas used by all Australians for a long period of time and that should be able to continue,” he said.

“I think there’s going to be more of these types of challenges across the country, not less, into the future.”

Hinkler MP Keith Pitt. Picture: NCA NewsWire / Gary Ramage

Prof Galloway said native title was the same as any other property right, and that right had been determined by the court.

“Previously, it appears that the residents have assumed that they hold a substantive right relating to the land. The court now says that they do not have this right,” she said.

“The same situation could occur regardless of the type of property right of the residents’ neighbour, whether it was native title, Crown land, or freehold.”

“It is understandable that residents who believed that they held an access right would feel disappointed by this outcome. However when it is put in perspective, and assuming that they did not in fact have such a right, the outcome is more understandable.”

The Butchulla Native Title Aboriginal Corporation were contacted but declined to comment.