MALANDA COURT DECISION RECOGNISES NGADJON-JII PEOPLE’S RIGHTS

A Federal Court determination giving the Ngadjon-Jii (pronounced Nud-jon-jee) people native title rights over 13,287 hectares of their traditional lands today was welcomed today by the Minister for Natural Resources and Water, Craig Wallace.

The determination, which was handed down in Malanda this morning, includes the recognition of the Ngadjon-Jii’s non-exclusive rights to parts of Wooroonooran National Park, Topaz Road National Park and Malanda Falls Conservation Park.

The Ngadjon-Jii determination is the 75th determination that native title exists in Australia with 40 of the determinations relating to Queensland – illustrating Queensland’s very good record when it comes to native title claims.

“Today is a very historical and emotional one for the Ngadjon-Jii people,” Mr Wallace, who attended the court hearing in Malanda, said.

“The Ngadjon-Jii cared for country around Malanda for tens of thousands of years and their descendants again will be able to use and enjoy traditional land,” he said.

“This mark of respect for the traditions and beliefs of the Ngadjon-Jii people is a very positive step.”

A determination of native title by the Federal Court recognises existing rights and is not a grant of new rights.

Mr Wallace said the determination meant Australia’s legal system formally recognised the Ngadjon-Jii people’s rights to camp, hunt, fish and gather in accordance with traditional laws and customs.

"This determination means that the claimants are entitled to use and enjoy the parks," he said.

"However, all existing interests are protected – visitors will still be able to access the parks.”

The determination of native title rights for the Ngadjon-Jii follows another Far North Queensland determination on the weekend, when the Eastern Kuku Yalanji were recognised as having native title rights over 1269 square kilometres south of Cape Tribulation.

Mr Wallace said the Federal Court consent determination also recognises the Ngadjon-Jii people’s exclusive native title rights over a 2.34 hectare island in the middle of the Russell River.

He said the determination was reached by negotiation with the Queensland Government and Eacham Shire council, Cairns City Council and Ergon Energy.

"The court’s determination is in keeping with State Government policy to settle native title claims by negotiation wherever possible,” Mr Wallace said.

"It provides certainty for people with interests in the region by determining who holds the native title rights and interests, and the extent of those rights and interests."

The determination also involves an indigenous land use agreement between the Queensland Government and the Ngadjon-Jii people that establishes how the native title rights and interests will be exercised in the protected areas.

Media inquiries: Paul Childs, Craig Wallace’s office, on 0407 131 654.