Bar Barrum People’s native title claims #2, #3, #4 and #6


The Federal Court and parties including State representatives travelled to Dimbulah in North Queensland on 10 June 2016 for the consent determinations of native title in four of the Bar Barrum People’s native title determination applications, covering areas of land and waters on the Atherton Tableland in and around the Walsh River.

The consent determinations recognised both exclusive and non-exclusive native title rights and interests over areas including unallocated State land, reserves, pastoral leases and occupation licences.

The initial determination of native title for the Bar Barrum People was made in 2001, following lodgement of that claim in 1996. The determinations on 10 June 2016 resolved a further four Bar Barrum claims (each lodged in 2001). Progress with the claims was impeded when a question arose as to whether certain World War II military activities and orders extinguished native title in parts of the claim areas. The issue was eventually resolved in the High Court in Queensland v Congoo (2015) 320 ALR 1; [2015] HCA 17 in a rare split decision, which meant the decision of the Full Federal Court that native title had not been extinguished by the military activities was not overturned.