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)).