Friday, 26 November 2021

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.


 

Saturday, 9 October 2021

Button on behalf of the Koa People v State of Queensland [2021] FCA 1190


The Koa People are the biological and adopted descendants of one or more of the following people:

(a)    Mary Ann Watson (mother of (at least) Zoe Button nee Watson, Topsy Mitchell, Nancy Chambers nee Watson, George Mitchell, and Valentine Mingo);
(b)    Maria Watson (mother of Tommy Watson, George Watson, and Jack Watson);
(c)    Jack Chermside (father of Jacob Chermside and Charlie Riley);
(d)    Lois Tye/Tie/Tighe;
(e)    Lucy Creed (mother of Maria Miller nee Creed aka Maria Jeffries, Timothy Creed, William ‘Trantum’ Creed, Rosie Creed, and Jack Creed); or
(f)    Minnie Winton.

Some Notes from blogpost of 24 October 2019.

Lucy Creed buried 23. 7.1900 at Winton aged 35 years, born Hughenden
Bernard Smith Creed aged about 10 years, son of an unknown white man and Maria, was baptised at Yarrabah on 12. 2.1905
Mavis Amethyst Creed, daughter of Bernard Smith Creed and May Burnett was born at Yarrabah on 21. 5.1921
Bernard Euston Creed, daughter of Bernard Smith Creed and May Burnett was born at Yarrabah on 13. 2.1924
William John Needham Creed, son of Timothy Creed and Eulie was born at Yarrabah on 10. 7.1925

Valentine Mingo aged 18 years from Kynuna was exempt in 1908

Jacob Chermside, aged 32 years, parents Long Charlie and Maggie Churnside (Chermside) married Mary Jaro at Barambah in 1924
Jacob Chermside and wife Mary and children Sheila, Rachel, Maisey and Charlie were removed from Hawkwood to Cherbourg in 1933
Jacob Chermside, aged 32 years, parents Long Charlie and Maggie Churnside (Chermside) married Mary Jaro at Barambah in 1924
Jacob Chermside and wife Mary and children Sheila, Rachel, Maisey and Charlie were removed from Hawkwood to Cherbourg in 1933
Jack Chermside died 28. 1.1943 aged 87 years at Woorabinda

Lois Tighe was the mother of Mary Solomon who was born at Winton around 1879

Nancy Chambers aged 85 years was buried on 19. 7.1968 at Cherbourg
Livingstone Charles Chambers, son of Charles and Nancy Chambers  was baptised at Yarrabah   on 9. 2.1908

Zoe Button died 10. 4.1948 at Fantome Island aged 66 years, parents Billy and Mary Ann Watson
Zoe Button, aged 55 years, married with six children, Domestic, Residence Cherbourg Settlement, parents Billy Watson and Mary Ann transferred to Fantome Island Lazaret 8. 1.1940 from Peel Island
Zoe Button is mentioned in the The Caroline Tennant-Kelly Ethnographic Collection. Described as an Zoe Button an old woman, intelligent, sternly practises her rule today.


Wednesday, 22 September 2021

Rockland on behalf of the Waanyi People v State of Queensland [2021] FCA 1139

Rockland on behalf of the Waanyi People v State of Queensland [2021] FCA 1139

The Native Title Holders are the Waanyi People.
A person is a Waanyi person if and only if:
(a)    the other Waanyi people recognise that he or she is descended (which may include by adoption) from a person who they recognise as having been Waanyi; and
(b)    the person identifies himself or herself as a Waanyi person.
It is accepted that adoption may take place and that where adoption has occurred it confers upon the adoptee the right to identify as being a Waanyi person.

The following deceased persons are recognised as having been Waanyi people from whom living Waanyi people may be descended:
(a)    King George (Gundawarinya), Mary Starr (Namura), Marrandu
(b)    Johnny Rockland (Guyanda)
(c)    Wuragaga (including his sons Toby Daly and Charlie Walden)
(d)    Wirduga (including her sons King Pedro and Fred Mangala), Yurumburinya, Gudurju, Jagijagi (including her children Left-hand Dick, King Darby, Violet Darby), Lagayi, and Brenda Munara (including her children Duncan Hogan, Julie Darby, Dan Darby, Clara Darby, Frank Hogan, Arthur Peterson)
(e)    Jack Riversleigh (including his children Doris Aplin and Vera Johnny, Annie King and Elaine Cairns)
(f)    Diana (Dina) Jackson
(g)    Fred Mangala (including his children Jimmy Doolan, Tommy Doolan, Oscar Gregory and Queenie Bell) and King Pedro (including his children Dinny, Jock and Cubby Pedro)
(h)    Janggali (including his son Yarribija's children: Duncan Hogan, Julie Darby, Dan Darby, Clara Darby, Frank Hogan, Arthur Peterson; and his daughter Muranji's daughters: Jamuyu and Lidi Wayawarrinya)
(i)    King Darby, Left Hand Dick and Violet Darby
(j)    Ruby Lilwayi (including her daughter Elsie Foster), Polly Nganduyu (including her children: Nancy Carlton, Ned George, Sally O'Keefe, Bubi Dick, Netty Malbow and Nuts Logan), May Black Nijirijbina (including her children Nancy Wilson, Nora Black, Dora Doolan nee Black and Archie Black), Ruby Gijaya (including her children Mavis Carlton, Junie Clay, Maurice Carlton, Marina Dick, Mick Miller, Murray Donaldson), and Mailman Dick Gungayamaji (including his child Ivy George Ngayaya)
(k)    Smiler Diamond (including his children: Mick Diamond Nguyjbirri and Jack Diamond Bandangala and Sydney Punjaub and Ruby)
(l)    Mailman Jack Libaninji (including his son Fred Carlton Gajangga, daughter Rosie and her daughter Betty Lloyd Jayinbalina, and son Ned Ngaragulanji and his children Bessie Holt and Colin Holt)
(m)    Rosie (including her daughter Lena Saville)
(n)    June Jacob
(o)    Opal
(p)    Minnie (Myboogundji)

The determination area is set out in the proposed determination. It commences approximately 19 kilometres northwest of Doomadgee in the vicinities of Nicholson River and Cliffdale Creek. The western-most boundary adjoins the Queensland – Northern Territory border. The eastern and south-eastern boundaries adjoin an area of land and waters where the Court recognised the native title of the Waanyi People in a determination made on 9 December 2010: Aplin on behalf of the Waanyi Peoples v State of Queensland (No 3) [2010] FCA 1515 (Dowsett J) (first Waanyi determination).

Friday, 10 September 2021

Kunja People Native Title Authorisation Processes

The claim area is in the region of Cunnamulla, Queensland.

The Kunja People are currently described as the descendants of-

1. Killamunda (including her children Margaret Turner (Granny McKellar), Annie/Nannie Widgell and Jack Brennan)
2. Flora Maranoa
3. Maria Major (including her children Jack Oliffe, Ron Wyman, Walter Wyman and Lila Lynett)
4. Jimmy Nyngan

in accordance with Kunja traditional laws and customs.

One purpose for the meeting is to change Flora Maranoa to Unnamed Mother of Flora Maranoa.

Appeared in the Koori Mail dated September 8, 2021 

Some items of interest -

Correspondence dated 16.11.1940 About removal of Aboriginal Camp from Tinnenburra to Wooroorooka. Mentions at the Tinnenburra Aboriginal Camp -
Jimmy Triple F/B, about 70 years old
Willie Widgell, wife and 5 children
Kelly Been, and wife
Annie Widgell, widow
Manager of Tinnenburra Stn is going to make Willie Widgell King of Tinnenburra. The previous two Kings are dead.

Donald Widgeon died on 2.10.1937 at Cunnamulla Hospital. Aged 19 yrs. Resident of Tinenburra. Parents are Willie Widgell and Annie Widgell

Neddie died 14. 8.1934 at the black's camp, Bollon. Buried Bollon. Aged 80 years. Parents are Major and Jinny. Daughter is Mrs Annie Widgell, wife of Willie Widgell. They have a large family at Tinnenburra.

Clerk of Petty Sessions, Quilpie, Permits for the Employment of Aborigines mentions Jimmy Nyngan, 58 yrs, origin Warrego

Clerk of Petty Sessions, Quilpie Register of Aboriginal Employees mentions Jimmy Nyngan 1921 - 1923, Supposed died Tinnenburra Stn

Jack Oliffe H/C, born c1898 Wyanora or c1894 Claverton Stn or 1896 Claverton, parents Jack Oliffe (white man) and Maria F/B, married Daisy Oliffe H/C

Jack Oliffe, Daisy Oliffe, his wife and children from Cunnamulla removed to Barambah 1928

List of civilised aboriginals between the ages of 18 and 45 years for War Census purposes in Cunnamulla District (c1915-1916) includes Jack Oliffe abode Claverton near Wyandra, occupation General Station Hand

James Lynett and Leila Smith married 4. 3.1922 Cunnamulla Registered 1922/C/208)

See also
Matya Mundu
A History of the Aboriginal people of South-East Queensland
H. McKellar, 1984
Public Notice of Mitakoodi People #5 Native Title Authorisation Meeting

Who may attend the Authorisation Meeting - The Authorisation Meeting is open to all persons in the current Mitakoodi # 5 native title claim group, who:
(1) principally identify as Mitakoodi People and as belonging to the traditional country of their Mitakoodi forebears;
(2) are recognised by other Mitakoodi People as the biological descendants of deceased Mitakoodi People;
(3) are the descendants of the following deceased aboriginal people - 
Minnie
Thomas ‘Tiger’ Mitchell
Dinah
Topsy and 
Sophie 
in accordance with Mitakoodi traditional laws and customs (current Mitakoodi People # 5 claim group).

Appeared in the Koori Mail dated September 8, 2021 

Some items of interest -

Tiger Mitchell F/B, born c1870 Tullawanta Stn, mother Kitty (born c1855-1865 Lorraine Station), wife Polly Mitchell F/B (born c1875-1885 Nebo, Qld), married Palm Island, removed to Palm Island in 1928 from Cloncurry
(NB Tindale - Aged 60 yrs in 1938)

Polly Mitchell F/B, born c1870 Croydon, died 11.10.1941, parents Mungi Mungi F/B and Nellie F/B, removed to Palm Island 1924, husband Tiger Mitchell F/B, married Palm Island

NB Dates vary in different records

Eastern Kuku Yalanji National Parks Land Transfer Indigenous Land Use Agreement

The ILUA Area is located generally between Mossman in the south and Black Mountain in the north, bordered by the Great Dividing Range to the west. Also included are East Hope, West Hope, Snapper and Struck Islands.

Who should attend the ILUA Authorisation Meeting?
• All those who hold or may hold Native Title in the CYU #1 Claim Part;
• All those who hold or may hold Native Title in the Non-Claimed/Determined Part; and
• Eastern Kuku Yalanji People, being the determined Native Title
Holders for the EKY Determination Part as described in the
Federal Court of Australia decision of Walker on behalf of the
Eastern Kuku Yalanji People v State of Queensland (QC2007/002,
QUD6008/1998), being the descendants of:

1. Siblings Wawuyilkinga, Lily Kajakaja, Ulurban, Kurlur, Juwalkji, Jinabaji
2. Kilkil (Gilgil) and Yougie (Emera)
3. Ngamubaralba
4. Jimmy Johnson Snr and his brothers Toby King and Peter King
5. Brothers Billy King, Willie King 1 and Willie King 2
6. Siblings Nambaji, Bijun (Dangara) and Jimmy (Mandilba) Rossville
7. Old Man Jimmy and Sarah
8. Kurukuna and Nellie
9. Bluja King Kunarra and his three wives Ngingkibaji #1 and Ngingkibaji #2, and Baral-Baral
10. Dimbanga and Mara Baril Baril
11. Sisters Mujala and Rosie
12. Brothers Dickie Springvale and Mundy Nunn
13. Jilngarr
14. Burradi and Wawu Dimbi
15. Siblings Jimmy, Polly (Jukura), Nellie (Wuynkul-baka ), Charlie (Junjurr or Munjurr), 
Lily (Jabi or Chubby) Blanket
16. Rosie Gurrmurragudgee
17. Brothers George Doughboy, Toby Bloomfield and Peter Bloomfield (Kalka Jurungu)
18. Brothers Charlie Ball (Dirrakari) and Billy Collins and Davey Douglas and Sandy Peterson
19. Isabella Henderson (Wawu-kuwa)
20. Ginny Bamboo
21. Siblings Archibald (Bauly) Mossman, Jessie Mossman (Bawanya) and Billy Mossman
22. Siblings Jessie Buchanan (Babi Milbija or Narrijinya) and King Charlie Diamond
23. Henry Bloomfield
24. Yangki and Buji
25. Willy Ngamu-Darrba and his two wives Molly Kalumba and Yimaday
26. Kalkamanangu and Duraja
27. Kalkaymba
28. Rosie Maund Jankarji and her husbands Tommy Jinjarrba Lefthand, 
Tommy Ngangkun Johnson (Buchanan), Barney Lunn (Lund), Billie Lunn (Lund) and 
Tommy Jindalman Hide
29. Big Friday Ngamu-Ngulmbay and Ruby
30. Leslie Yerry
31. Brothers King Toby and Old Man Toby (Jinjirrba)
32. Maggie Queen
33. Siblings Miliji, Kalkabinda, Kuruwuja, Peter Smith (Marray-Marray or Murranbi or Jinakulu)
34. Kitty Wulbar (Maymi)
35. Rosie Rosie
36. Brothers Old Man Juwalba (Willie Cross-eye) and Wunbu Cross-eye
37. Jimmy Mossman
38. Wabaji
39. Old Kokoe
40. Charlie Ogilvie and Maggie
41. Old Man Yorkey and Rosie
42. George Mero
43. Old Man Kooka and Maudie
44. Jerry Wotton and Frances Diamond

Appeared in the Koori Mail dated September 8, 2021

Some items of interest -

The political and economic basis of Kuku-Yalanji social history
Jon Christopher Anderson B.A. (Hons.), Dip. Psych. (University of Queensland)
University of Queensland Doctor of Philosophy Thesis  1984

Mentions

The Aboriginal Employment Register for Cooktown (Q.S.A.) gives some examples of Thompson Creek men and their jobs. (The primary estate affiliation of the men is shown in brackets.):
Henry Bloomfield of Bloomfield [Buruwarra man. Norman Baird's wife's brother]. 31 yrs. Employed from 1/1/27 by E.P. Feinn, mail contractor of Ayton as horseboy. Same for 24/1/28.
Henry Bloomfield employed by Bowden Pearling Co. from 26/6/28. 
Pinky of Bloomfield [Wuialwuialwarra]. 50 yrs. Employed from 24/2/30 by L.J.Neill, mailman as horseboy.
Pinkie of Bloomfield. 45 yrs. Employed from 22/10/27 by E.G. Olufson, farmer of Bloomfield as yardboy.
Willie Burchell of Bloomfield [upper Daintree man]. Employed from 8/2/30 by Arthur Pierce, packer of Bloomfield as horseboy.
Willie Burchell. 12 years. Same for 1931.
Matty Boathoy of Bloomfield [Kangkiiiwarra]. Employed from 8/4/29 by Edward Pitt, fisherman of Bloomfield.
Charlie Ball of Bloomfield [Wuialwuialwarra]. 38 yrs. Employed from 7/2/28 by Bowden Pearling Co.
Johnny Baird of Bloomfield [Buruwarra]. Employed from 31/1/28 by Bowden Pearling Co.
Charlie Ogilvie of Bloomfield [upper Daintree man]. 56 years. Employed from 18/1/26 by E.Feinn, mail contractor of Ayton as horseboy. Same for 3/4/28 and 1/1/29.
Charlie Ogilvie employed from 12/3/27 by Thomas Pierce, farmer of Bloomfield.
Johnny Ogilvie of Bloomfield [son of Charlie]. Employed from  20/2/29 by Th. Pierce, miner of  Bloomfield.

The Aboriginal Employment Register (Cooktown) confirms that Banabila men were on the boats in the 1920s and 30s, although the records are scanty. This may mean the record is incomplete or that very few out of the total number who worked on boats actually signed on:
Alec Olbar [Wulbar's son]. Employed from 21/1/29 by Bowden Pearling Co. 50/month. Same for 1928 and 1930.
Jimmy Kerry [ditto] . Employed from 14/2/28 by Bowden Pearling Co. 50/month.
Billy Mapoon [ditto] . Employed from 24/1/28 by Wyben Pearling Co. 55/month.
Oscar Olbar [ditto] . Employed from 24/1/28 by Wyben Pearling Co. 55/month.
Other jalunii men who sometimes camped at Banabila and who worked on boats were:
Corporal Medium [Julkurwarra]. Employed from 24/1/28 by Bowden Pearling Co. of Thursday Is.
George Doughboy [Kangkiiiwarra]. Employed from 21/1/29 by Horey & Co.
Georgie Bamboo [Doughboy's B-S]. Employed from 21/1/29 by Bowden Pearling Co. Same in 1928.