Long running native title claims determined

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Crown Law’s Native Title Claims and Agreements
Team concluded three long running native title claims last week, bringing to a
successful end a combined total of 22 years of litigation

The
determination in favour of the Boonthamurra People on 25 June 2015 marked the 119th
determination made in Queensland which exceeds the number made in any other
State or Territory. Consent determinations were also made on 22 June 2015
in favour of the Juru People and on 23 June 2015 in favour of the Budjiti
People.

The determinations recognise a
range of native title rights and interests (including the right to possession,
occupation, use and enjoyment against all others in some areas) that derive
from the traditional laws and customs which have been acknowledged and observed
by the respective claim groups since sovereignty.

Each of the claims involved the
negotiation of the terms of a determination recognising the rights of the
claimants, the rights of others in the area, and describing the relationship
between those rights, together with the negotiation of indigenous land use
agreements (ILUAs) or framework agreements for further ILUAs to address
practical considerations in each of the claim areas.

Crown Law’s work in native title was acknowledged by Justice Mansfield
who said “The Court is greatly assisted by the State’s generous approach to
assisting the Court to conduct determination hearings on country”. Principal Lawyer, Georgia Morrison made a 3000km round trip to represent the
State at two of the determinations.