The Mandingalbay Yidinji People's Native Title Determination

Yidinji People. Yidinji and land remove to amended was application the 2004, October 8 On

State and the laws of the Commonwealth apply to the Mandingalbay Mandingalbay the to apply Commonwealth the of laws the and State 1998. in lodged previously had they applications two of combination

then the other interests will usually have priority. The laws of the the of laws The priority. have usually will interests other the then a was application This 1999. August 18 on Court Federal the with

interests, other with odds at are interests and rights title native application title native their lodged People Yidinji Mandingalbay The

have been recognised and protected in the determination. If the the If determination. the in protected and recognised been have

accessing or using those reserves. The interests of the general public public general the of interests The reserves. those using or accessing map). (see hectares 3140 about cover areas

and Malbon Thompson Forest Reserve does not stop other people people other stop not does Reserve Forest Thompson Malbon and ILUA and determination The Authority. Management Tropics Wet

The recognition of native title over Grey Peaks National Park Park National Peaks Grey over title native of recognition The and Corporation Aboriginal Yidinji Mandingalbay the Queensland, of

one another in these areas. These groups (the parties) were the State State the were parties) (the groups These areas. these in another one

(State Parks and Forests Area Agreement). Area Forests and Parks (State alongside interests and rights their exercise will they how establishes It

known as the Mandingalbay Yidinji Indigenous Land Use Agreement Agreement Use Land Indigenous Yidinji Mandingalbay the as known areas. park national and forest to relating (ILUA) agreement use land

Register of Indigenous Land Use Agreements. The ILUA will be be will ILUA The Agreements. Use Land Indigenous of Register indigenous an developed areas these in interests with groups other and

into effect once the ILUA has been registered on the Tribunal’s Tribunal’s the on registered been has ILUA the once effect into People Yidinji Mandingalbay the made, was determination the Before

The determination over the forests and national park areas will come come will areas park national and forests the over determination The Queensland. north far in Cairns near Creek Bank Red and Inlet Trinity

Forest Reserve, Giangurra Reserve and in certain lots adjacent to to adjacent lots certain in and Reserve Giangurra Reserve, Forest

from February 2001 under Federal Court supervision. supervision. Court Federal under 2001 February from Thompson Malbon Park, National Peaks Grey of sections in rights title

Tribunal mediated between the parties with interests in the claim claim the in interests with parties the between mediated Tribunal native People’s Yidinji Mandingalbay the recognising 2006 April 24

waters to the south of Bell Peak South. The National Native Title Title Native National The South. Peak Bell of south the to waters on determination consent a made Australia of Court Federal The

traditional laws and customs of the Mandingalbay Yidinji People. Yidinji Mandingalbay the of customs and laws traditional Jabulum Mandingalpai (Jimmy) and those recruited by adoption, in accordance with the the with accordance in adoption, by recruited those and (Jimmy) Mandingalpai Jabulum

The Mandingalbay Yidinji People are Aboriginal people who are descendants of Yabalam/ of descendants are who people Aboriginal are People Yidinji Mandingalbay The The Mandingalbay

The Mandingalbay Yidinji People’s determination People’s Yidinji Mandingalbay The Yidinji People’s native title determination

The Mandingalbay Yidinji People’s non-exclusive native title rights include recognition over parts of Grey Peaks National Park and Malbon Thompson State Forest. The Mandingalbay More about the consent determination about the exercise of native title rights and interests in the Grey Peaks Yidinji People’s National Park and Malbon Thompson Forest Reserve to ensure good A determination is a decision by the Federal Court on whether or management of the park and reserve. native title not the common law of Australia recognises that native title exists over a particular area of land or waters. Where native title exists, the The ILUA is binding on all native title holders of the area covered by determination determination states who holds the native title and what those rights the agreement, whether or not they are parties to the agreement. are, as well as the rights of others. When parties reach agreement after mediation, that native title claimants do or do not have native title The ILUA says that the Mandingalbay Yidinji People will access and rights and interests in a particular area, they can approach the court to use the ILUA area in a way that is consistent with: ■ WHAT IT MEANS AND HOW IT WILL WORK make a determination with their consent. the protection and management of the Wet Tropics of Queensland World Heritage Area; This consent determination recognises that the Mandingalbay Yidinji ■ the public enjoyment of Grey Peaks National Park and Malbon People’s native title has always existed — it is not a grant from the Thompson Forest Reserve; government or the court. ■ management principles of national parks and forest reserves to promote, preserve and present the area’s cultural resources and More about the agreement values and ensure use is nature-based and ecologically sustainable. Freecall: 1800 640 501 Website: www.nntt.gov.au The Mandingalbay Yidinji People also developed ILUAs with Telstra, Published by the National Native Title Tribunal The determination is dependent on the State Parks and Forests Area © Commonwealth of Australia April 2006 ILUA being registered. The Mandingalbay Yidinji People, the State Ergon Energy and Cairns City Council. These ILUAs provide for of Queensland, the Mandingalbay Yidinji Aboriginal Corporation continued access by these organisations for emergency purposes and This is provided as general information only and should not be relied upon as and Wet Tropics Management Authority reached this agreement maintenance of essential public services. legal advice for a particular matter. Any words and phrases not defined in this information have the meaning given to them in the Native Title Act 1993 (Cwlth). NATIONAL NATIVE TITLE TRIBUNAL The Mandingalbay Yidinji People’s determination

The Mandingalbay Yidinji People are Aboriginal people who are descendants of Yabalam/ Jabulum Mandingalpai (Jimmy) and those recruited by adoption, in accordance with the traditional laws and customs of the Mandingalbay Yidinji People.

The Federal Court of Australia made a consent determination on waters to the south of Bell Peak South. The National Native Title 24 April 2006 recognising the Mandingalbay Yidinji People’s native Tribunal mediated between the parties with interests in the claim title rights in sections of Grey Peaks National Park, Malbon Thompson from February 2001 under Federal Court supervision. Forest Reserve, Giangurra Reserve and in certain lots adjacent to Trinity Inlet and Red Bank Creek near Cairns in far north Queensland. The determination over the forests and national park areas will come Before the determination was made, the Mandingalbay Yidinji People into effect once the ILUA has been registered on the Tribunal’s and other groups with interests in these areas developed an indigenous Register of Indigenous Land Use Agreements. The ILUA will be land use agreement (ILUA) relating to forest and national park areas. known as the Mandingalbay Yidinji Indigenous Land Use Agreement It establishes how they will exercise their rights and interests alongside (State Parks and Forests Area Agreement). one another in these areas. These groups (the parties) were the State of Queensland, the Mandingalbay Yidinji Aboriginal Corporation and The recognition of native title over Grey Peaks National Park Wet Tropics Management Authority. The determination and ILUA and Malbon Thompson Forest Reserve does not stop other people areas cover about 3140 hectares (see map). accessing or using those reserves. The interests of the general public have been recognised and protected in the determination. If the The Mandingalbay Yidinji People lodged their native title application native title rights and interests are at odds with other interests, with the Federal Court on 18 August 1999. This application was a then the other interests will usually have priority. The laws of the combination of two applications they had previously lodged in 1998. State and the laws of the Commonwealth apply to the Mandingalbay On 8 October 2004, the application was amended to remove land and Yidinji People.