Australia’s Federal Court has recognised exclusive and non-exclusive native title rights for the Gamilaraay people over a portion of land and water in Queensland, where they say ancestral spirits have been known to appear before trespassers.
The parcel of land sits loosely between St George, Goondiwindi, Mungindi, and Cunamulla, about six hours inland from the Gold Coast.
Covering an area of approximately 5,402 square kilometres, it is bordered on the south by New South Wales and includes all rivers, streams, creeks, and lakes.
In a judgment handed down on Dec. 16, the court made a determination under the Native Title Act confirming the claim brought by Darryl Hippi and several others on behalf of the Gamilaraay.
The court heard from a number of claimants, including Tim Knox, who explained his belief in the importance of holding exclusive possession over parts of the land in the claim.
“Asking for permission is a very important rule in our Gamilaraay law,” he said.
“The reason why it is so important is that if you do not ask for permission to be on another mobs’ country, you will suffer the consequences.
“Back when our old people were here, the consequences were usually harsh physical punishments such as spearing or even death. These days, you might be spoken to by an elder or shunned by the other families if you didn’t ask for permission.”
Knox said his people also held spiritual beliefs about which lands could be entered.
“If someone did not have permission to be on Gamilaraay country, the spirits would do bad things to them, like make them or their family sick, have an accident, go crazy or even cause death,” he said.
“Asking for permission is a way to make sure you avoid places you should not go.”
Co-applicant Deidre Ann Flick said that on one occasion, non-Indigenous campers had disobeyed requests not to stay in a particular area, and as a consequence, had seen the spirit of one of their “old fellas” dancing in the flames of their campfire.
“The spirits have a significant role and will make their presence felt,” she said.
Justice Berna Collier ruled the Gamilaraay people would be entitled to possession, occupation, use, and enjoyment of some parts of the land, “to the exclusion of all others.”
However, other parts of the determination area are non-exclusive and allow access to land and waters for camping, hunting, fishing, gathering, ceremonies, and maintaining significant cultural areas.
The determination will not affect existing interests, such as leases or statutory rights held by third parties.
The court also noted that the Native Title determination does not extend to minerals or petroleum, which remain vested in the state under Queensland legislation.
The court also heard how the area in question had been the subject of claims by another tribe.
“Despite earlier agreement by the present parties, a consent determination application hearing in this matter has twice been vacated by this court, in circumstances where an overlapping Native Title determination application was filed on behalf of the Bigambul people.”
The Bigambuls’ claim was struck out in February, with a subsequent appeal dismissed in October.
As part of the orders in the successful Native Title determination, the Gamilaraay Aboriginal Corporation was appointed as the prescribed body corporate.
