Chalk & Fitzgerald - Lawyers & Consultants

Gangalidda & Garawa Peoples Determination

The Federal Court has determined that the Gangalidda Peoples hold native title over a number of large pastoral leases and reserves along the Queensland coast of the Gulf of Carpentaria.

At a special hearing of the Court in Moungibi (Burketown) on 23 June 2010, Justice Spender declared by consent of the parties that native title existed over the properties. In relation to the non-Indigenous held leases, the native title rights co-exist with those of the pastoralists whereas on the reserves and Indigenous held leases the native title rights are exclusive.

The determination follows on from an earlier determination by Justice Spender in 2008 declaring the islands of the Wellesley Group to be subject to native title. The Gangalidda Peoples, along with the Lardil, Kaiadilt and Yangkaal Peoples were held to be the native title holders in that decision.

A copy of the decision is available at: http://www.austlii.edu.au/au/cases/cth/FCA/2010/646.html