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.