Australia’s Federal Court has officially recognised a section of North Queensland spanning more than 170,827 hectares as Native Title land.
The determination was provided to the Western Yalanji People over parts of Cape York, more than a decade after a major claim covering the peninsula was first lodged.
Chief Justice Debra Mortimer made the consent determination in Cairns on Aug. 14 as part of the broader “Cape York United #1” Native Title claim, initially filed in 2014.
The decision recognises the Western Yalanji People as Native Title holders for the area, granting exclusive rights to possess, occupy, and enjoy designated parts of the land.
Across remaining areas, the court recognised non-exclusive rights including access and travel, camping, hunting, fishing and gathering natural resources.
The rights also include conducting ceremonial and cultural activities, holding meetings, protecting culturally significant places and teaching about the culture of the places.
However, the Native Title holders will not have access to mineral or petroleum rights under the determination, and some rights will coexist with other third-party interests in the area.
The decision was reached by consent after the Western Yalanji parties, the Queensland government, and other respondents agreed to the terms.
The Western Yalanji Aboriginal Corporation will be appointed as the body corporate to manage the recognised Native Title rights and interests.
Chief Justice Mortimer acknowledged the process leading to the Western Yalanji determination had taken considerable time, explaining to the Western Yalanji that property rights under traditional law were now officially recognised as rights enforceable under Australian law.
Speaking after the determination, Cape York Land Council acting chief executive Richie Ah Mat said the decision was about recognising his people’s history in the region.
‘'It is a tribute to the remarkable elders and family leaders who took up this campaign for land rights more than 30 years ago,” he told AAP.
Over the past 20 years, 23 successful determinations have led to Aboriginal Native Title rights over around 45 percent of the Cape York Peninsula—roughly 5.5 million hectares.
A separate determination on Aug. 14 also recognised Northern Kaanju Native Title over about 60,000 hectares around Orchid Creek, an area excluded from an earlier 2022 determination while negotiations with other land interests were finalised.
