Ratepayers to foot bill as council loses final appeal in Straddie land case

Queensland's highest court has upheld a landmark ruling that a First Nations man had the right to clear 2400sqm of native vegetation on Stradbroke Island.

Some of the land cleared at the Minjerribah site, which Mr Burns will use to build a house. Pictures: The Courier-Mail

Redland City Council ratepayers will again be out of pocket after the Queensland Court of Appeal dismissed its challenge over a long-running dispute involving Quandamooka man Darren Burns and the clearing of about 2400 sqm of native vegetation on North Stradbroke Island.

Mr Burns was originally convicted in February 2024 in the Brisbane Magistrates Court for illegally clearing land at East Coast Road, Point Lookout on Minjerribah.

Magistrate Ross Mack fined him $20,000 plus costs and ordered him to revegetate the site.

Mr Burns appealed the decision in the District Court, which overturned the conviction in November 2024, finding the council had failed to prove he did not honestly believe he had a traditional right to clear his land and build under native title principles.

The council appealed, but a three-judge panel of the Court of Appeal this week ultimately upheld the District Court’s decision, confirming Mr Burns’ conviction could not stand.

The court recognised that an “honest claim of right” under the Criminal Code can apply to offences involving property and, in this case, native vegetation.

Some of the trees that were chopped down to make way for building on the Straddie site. Pictures: The Courier-Mail

Evidence showed Mr Burns believed Quandamooka people historically had the right to clear land and build on non-freehold areas and had witnessed similar practices locally.

While neither native title nor a cultural exemption was proved, the court found Mr Burns raised enough evidence of an “honest belief”.

The court also considered the use of modern machinery and contractors, noting that while those methods were a novel adaptation of traditional practice, they did not automatically disqualify Mr Burns’ claim if he honestly believed such work was permissible.

The ruling means Redland City Council must pay Mr Burns’ legal costs, adding to ratepayers’ expense in a case that has dragged on for years.

None of the council’s grounds of appeal succeeded, leaving Mr Burns free of the original $20,000 fine.

After the decision, Redland City Council said although “disappointed” it acknowledged and respected the Court of Appeal decision and was “currently reviewing the judgment”.

Mr Burns declined to comment.

Originally published as Ratepayers to foot bill as council loses final appeal in Straddie land case