Native title on Brisbane's doorstep

The Federal Court of Australia has ruled that the Quandamooka people are the Traditional Owners of North Stradbroke Island, ending a legal process that began in the mid-1990s.

The ruling gives them exclusive native title and interests over 2264 hectares of land; non-exclusive native title rights and interests over 22,639 hectares of land and 29,505 hectares of Moreton Bay Marine Park — right on Brisbane’s doorstep.

"Not only is it the first successful native title determination for south-east Queensland, it is the first determination south of Townsville," said native title holder Sandra Delaney.

Sandra said the court ruling acknowledged her people’s connection with the area. "(It) recognises (our) ongoing traditional laws and customs … and specifies native title rights and interests over land and waters on and around Native title on Brisbane’s doorstep Australian law has recognised the Quandamooka people’s association with Minjerribah. North Stradbroke Island," she said.

"Our rights … were recognised in the 'white man's law'. It was always ours; this is the way we see it," she said.

Importantly, the Quandamooka also signed land use agreements with state and local governments that will allow them to begin generating income almost immediately.

Sandra said her people were bubbling with ideas from hotel and housing development to fishing and oyster industries. “(We) have set up a prescribed body corporate committee to deal with land use and cultural heritage management,” she said. “Through the PBC, the community will look forward to progressing future employment and economic opportunities.”

Among the raft of commercial and cultural possibilities, the agreement stipulates that the Quandamooka must be involved in the state government’s process of turning three-quarters of the island into national park by 2021. Sandra says this is very important.

"Rather than just (the government) making the decisions on our country, we have a say in the management,” she said. “We want to make sure our youth have opportunities for employment. (The agreement gives us) a legal right to have a say – not to veto, but to have a say."

There will also be joint management, between the Quandamooka and the state government, for Naree Budjong Djara, the island’s new national park (see Namalata Thusi 14).

The claim's history

Sandra was involved with the claim from the outset. It was initiated by the Quandamooka people – the Ngugi, Noonuccal and Gorenpul clan groups – in the 1980s.

"We wanted to fight for One Mile (a small area just north of Dunwich) – we wanted to protect and retain it," she said. "A lot of families lived there."

They were originally going to use the Aboriginal Lands Act to claim an area on the island’s western side, but then came Eddie Mabo’s historic High Court win in 1992, overturning the concept of terra nullus and setting a legal path for native title.

The Quandamooka lodged their first native title claim in January 1995 for most of North Stradbroke Island, the southern end of Moreton Island, Bird Island, Goat Island, Peel Island and surrounding offshore areas. Their second claim – for the southern part of North Stradbroke Island and some areas of the island’s north – was lodged with the Federal Court in September 1999.

There were 16 years of legal debate and negotiation but, in the end, it came down to a 40-minute judgement, delivered on the island on 4 July this year. Sandra said the day was an emotional one.

The Dunwich hall was fitted out as a court; Justice Dowsett and other lawyers were in full legal regalia. "Justice Dowsett … read out the whole history of our association with the land … from (the 1799 arrival of Matthew) Flinders to contemporary times," she said.

The conclusion of his judgement was greeted with jubilation, which then moved from the hall to Dunwich’s sports oval. "There were speeches all day," Sandra said.

She remembers looking westward across Moreton Bay to the mainland. “When the sun was setting, the bay was just like glass. I felt yes, this is something really positive for our community. And when I saw the Aboriginal flag flying on top the big white marquee on the football oval, I thought yes, that’s right, this is our land.”

Sandra said the native title ruling and the land use agreement emerged from a lot of give and take among all parties. "A lot of goodwill went into working with our community, to give us what we wanted,” she said. “We hope to keep that relationship up. It shows other communities (if they) work together and stick together, that it can be done."