Friday, 26 November 2021

McKellar on behalf of the Wongkumara People v State of Queensland [2020] FCA 1394

 

McKellar on behalf of the Wongkumara People v State of Queensland [2020] FCA 1394 (here)

This case contains a lot of genealogical information including a pedigree chart titled Genealogy related to Coral King. Coral Ann King is seeking an order to be joined as a respondent to this proceeding pursuant to s 84(5) of the Native Title Act 1993 (Cth) (the NTA).

It is worth reading the whole report.

Kuuku Ya’u determination [2021] FCA 1464

Ross on behalf of the Cape York United #1 Claim Group v State of Queensland (No 2) (Kuuku Ya’u determination) [2021] FCA 1464 ( here )

(1)    The Native Title Holders are the Kuuku Ya’u People. The Kuuku Ya’u People are those Aboriginal persons who are descended by birth, or by adoption in accordance with the traditional laws acknowledged and the traditional customs observed by the Kuuku Ya’u group, from one or more of the following apical ancestors:

(a)    Johnny Doctor and Nancy (Tawamulu);
(b)    Charlie Kanora;
(c)    Charlie James (Flathead) Pascoe;
(d)    Billy Yatuma;
(e)    Hughie Temple;
(f)    Annie Anderson;
(g)    Topsy (wife of John George Hollingsworth);
(h)    Charlie Claudie Snr;
(i)    Mother of Billy Wenlock (Ukunchal);
(j)    Barney Claudie;
(k)    Annie Butcher;
(l)    Bob Pascoe and Dick Turku (aka Dick Yennan) (siblings);
(m)    Puunchukuupi (Frank Anderson);
(n)    William Clark Snr (aka Willie Doctor); or
(o)    Ma’a Chingal (Charlie Bamboo).

The area of land and waters is described as:

Commencing at the intersection of the southern boundary of the Wuthathi, Kuuku Y'au & Northern Kaanju People determination (QUD6023/2002), Hann Creek and the northern boundary of Lot 1 on CP907817, a point at Longitude 142.990404° East, and extending generally south-easterly along the centreline of that creek to the intersection with the centreline of the Pascoe River at Longitude 143.086482° East; then generally south-southwesterly along the centreline of that river to the intersection with an unnamed road (Kennedy Road/Frenchmans Road) at Latitude 12.699618° South; then generally south-easterly along the centreline of that road until the intersection with the centreline of Portland Roads Road at Longitude 143.089114° East; then easterly along the centreline of that road to the intersection with Brown Creek at Longitude 143.105466° East; then generally south easterly along the centreline of that creek until a point at Latitude 12.819886° South; then easterly to a point at Longitude 143.200592° East, Latitude 12.819711° South; then south-easterly to the northern-most point of Table Range at Latitude 12.872772° South; then generally southerly along the centreline of Table Range to its southern-most point at Latitude 12.976257° South; then south-easterly to a point on the centreline of an unnamed creek (Wachi Creek) at Longitude 143.325933° East, Latitude 13.002818° South passing through the following coordinate points:
Then generally north-easterly, then south-easterly along that creek to the intersection with an unnamed creek at Longitude 143.360605° East, Latitude 13.008177° South, passing through the following coordinate point:
Then generally easterly along the centreline of that creek to the intersection with the Lockhart River at Longitude 143.394058° East; then generally northerly along the centreline of that River until the intersection with Lloyd Bay, a point at Longitude 143.372991° East, Latitude 12.873265° South; then south-westerly to the western bank of the Lockhart River; then south-westerly then generally northerly along the high water mark passing across the mouths of any creeks and rivers to the southern bank of the Pascoe River at Latitude 12.497211° South; then northerly crossing the mouth of the Pascoe River to a point on its northern bank at Latitude 12.493660° South; then generally south-westerly along the northern bank of the Pascoe River until the intersection with the eastern most point of Lot 1 on CP907817; then northerly, then westerly along the eastern and northern boundaries of that lot back to the commencement point, (being the southern boundary of Wuthathi, Kuuku Y'au & Northern Kaanju People determination (QUD6023/2002)).
 

Uutaalnganu (Night Island) determination [2021] FCA 1465

Ross on behalf of the Cape York United #1 Claim Group v State of Queensland (No 3) (Uutaalnganu (Night Island) determination) [2021] FCA 1465 here )

The Native Title Holders are the Uutaalnganu (Night Island) People. The Uutaalnganu (Night Island) People are those Aboriginal persons who are descended by birth, or by adoption in accordance with the traditional laws acknowledged and the traditional customs observed by the Uutaalnganu (Night Island) group, from one or more of the following apical ancestors:

(a)    Sandy Pascoe;
(b)    Simon Ropeyarn;
(c)    Ku’aka Yalimuku;
(d)    King Fred (husband of Taltaninyu);
(e)    Taltaninyu (wife of King Fred);
(f)    Harry Mathers;
(g)    Old Short;
(h)    Maria (wife of Johnny Ilnkay Butcher);
(i)    Johnny Kulwilma;
(j)    Barney Marrott Senior;
(k)    Old Yeila Palwu’u;
(l)    Peter Underwood;
(m)    Nancy (mother of Peter Night Island);
(n)    Lizzie (wife of Charlie King, mother’s mother of Douglas Ropeyarn);
(o)    Ada (wife of Charlie King);
(p)    Rosie (mother of Alick Niger (Naiga));
(q)    Mother of Billy Chungo;
(r)    Utyaamu (Uchamu aka Osam aka Isagubi)
(s)    Mother of Charlie Bezai; or
(t)    Charlie Lockhart Senior.

The claim area of land and waters is described as :

Commencing at the intersection of the eastern bank of the Lockhart River and Lloyd Bay, a point at Longitude 143.377116° East, Latitude 12.869645° South and extending south-westerly across the mouth of the Lockhart River until its centre point; then generally southerly along the centreline of that river to the intersection with an unnamed creek (Wachi Creek) at Latitude 12.997983° South; then generally westerly along the centreline of that creek to the intersection with an unnamed creek at Longitude 143.360605° East; then generally north-westerly, then south-westerly along the centreline of that unnamed creek to a point at Longitude 143.325933° East, passing through the following coordinate point:
Then due south to a point on the centreline of the Great Dividing Range at Latitude 13.210972° South; then generally southerly along the centreline of the Great Dividing Range until the intersection with the southern boundary of an unnamed road at Latitude 13.362296° South (Stoney Creek Road), further described as:
Then generally southerly along the centreline of the Great Dividing Range until a point at Latitude 13.246570° South; then south to the northernmost northeast corner of Lot 450 on SP104554; then southerly along the eastern boundary of that lot until the intersection with the northern boundary of an unnamed road at Latitude 13.361150° South; then south-west along the eastern boundary of that road to a point on its southern boundary at Latitude 13.362296° South;
then generally easterly, then south-easterly bisecting the headwaters of the Nesbit River, to a point on the centreline of the Macrossan Range at Latitude 13.373304° South, also being a point on the western boundary of Lot 17 on SP104551, passing through the following coordinate points:
Then generally south-easterly along the western boundary of Lot 17 on SP104551, also the centreline of the Macrossan Range, intersecting Cone Peak at approximate Longitude 143.491676 East, and onwards until a point at Longitude 143.492882 East, until the intersection with Cone Peak at approx. Longitude 143.491676° East; then easterly to a point on the eastern boundary of Lot 16 on SP104551 at Longitude 143.567011° East, Latitude 13.370487° South (Kaapakachingunuma) passing through the following coordinate points:
then north-westerly along eastern boundary of Lot 16 on SP104551 to the eastern-most point of Lot 17 on SP104551; then northerly along the eastern boundary of that lot to again Lot 16 on SP104551; then generally northerly then westerly along the eastern and northern boundaries of that lot, passing across the mouths of any creeks and rivers, back to the commencement point.