FEDERAL COURT OF AUSTRALIA

Bell on behalf of the Wakka Wakka People #4 v State of Queensland (No 4) [2026] FCA 1248

ORDERS

BEING SATISFIED that an order in the terms set out below is within the power of the Court, and it appearing appropriate to the Court to do so, pursuant to s 87 of the Native Title Act 1993 (Cth)

BY CONSENT THE COURT ORDERS THAT:

1.    There be a determination of native title in the terms set out below (the Determination).

2.    Each party to the proceedings is to bear its own costs.

BY CONSENT THE COURT DETERMINES THAT:

3.    The determination area is the land and waters described in Schedule 3 and depicted in the map attached to Schedule 5 to the extent those areas are not otherwise excluded by the terms of Schedule 4 (the Determination Area). To the extent of any inconsistency between the written description and the map, the written description prevails.

4.    Native title exists in the Determination Area.

5.    The native title is held by the Wakka Wakka People described in Schedule 1 (the Native Title Holders).

6.    Subject to orders 7, 8 and 9 below the nature and extent of the native title rights and interests in relation to the land and waters described in Schedule 3 are the non-exclusive rights to:

(a)    access, be present on, move about on and travel over the area;

(b)    camp, and live temporarily on the area as part of camping, and for that purpose build temporary shelters;

(c)    hunt, fish and gather on the land and waters of the area for personal, domestic and non-commercial communal purposes;

(d)    take Natural Resources from the land and waters of the area for personal, domestic and non-commercial communal purposes;

(e)    take the Water of the area for personal, domestic and non-commercial communal purposes;

(f)    conduct ceremonies on the area;

(g)    bury Native Title Holders within the area;

(h)    maintain places of importance and areas of significance to the Native Title Holders under their traditional laws and customs and protect those places and areas from physical harm;

(i)    teach on the area the physical and spiritual attributes of the area;

(j)    hold meetings on the area;

(k)    light fires on the area for domestic purposes including cooking, but not for the purpose of hunting or clearing vegetation; and

(l)    be accompanied onto the area by certain persons who, though not Native Title Holders, are:

(i)    spouses of Native Title Holders; or

(ii)    persons required or permitted under the traditional laws acknowledged and traditional customs observed by the Native Title Holders for the performance of, assistance with, or participation in rituals or ceremonies.

7.    The native title rights and interests are subject to and exercisable in accordance with:

(a)    the Laws of the State and the Commonwealth; and

(b)    the traditional laws acknowledged and traditional customs observed by the Native Title Holders.

8.    The native title rights and interests referred to in order 6 do not confer possession, occupation, use or enjoyment to the exclusion of all others.

9.    There are no native title rights in or in relation to minerals as defined by the Mineral Resources Act 1989 (Qld) and petroleum as defined by the Petroleum Act 1923 (Qld) and the Petroleum and Gas (Production and Safety) Act 2004 (Qld).

10.    The nature and extent of any other interests in relation to the Determination Area (or respective parts thereof) are set out in Schedule 2.

11.    The relationship between the native title rights and interests described in order 6 and all of the other interests described in Schedule 2, other than Deed of Grant No. 40055324 dated 29 November 2007, Deed of Grant No. 40045566 dated 28 October 2004 and Deed of Grant No. 40056425 dated 29 May 2008 (together, the Deeds of Grant), (the Other Interests) is that:

(a)    the Other Interests continue to have effect, and the rights conferred by or held under the Other Interests may be exercised notwithstanding the existence of the native title rights and interests;

(b)    to the extent the Other Interests are inconsistent with the continued existence, enjoyment or exercise of the native title rights and interests in relation to the land and waters of the Determination Area, the native title continues to exist in its entirety but the native title rights and interests have no effect in relation to the Other Interests to the extent of the inconsistency for so long as the Other Interests exist; and

(c)    the Other Interests and any activity that is required or permitted by or under, and done in accordance with, the Other Interests, or any activity that is associated with or incidental to such an activity, prevail over the native title rights and interests and any exercise of the native title rights and interests.

12.    Except as otherwise provided by law, the relationship between the native title rights and interests described in order 6 and each of the Deeds of Grant is that, to the extent that it is inconsistent with the continued existence, enjoyment or exercise of the native title rights and interests, each Deed of Grant continues to exist in its entirety, but is invalid to the extent of inconsistency with the native title rights and interests during the existence of that Deed of Grant pursuant to s 24OA of the Native Title Act 1993 (Cth).

DEFINITIONS AND INTERPRETATION

13.    In this determination, unless the contrary intention appears:

Other words and expressions used in this determination have the same meanings as they have in Part 15 of the Native Title Act 1993 (Cth).

THE COURT DETERMINES THAT:

14.    The native title is held in trust.

15.    The Wakka Wakka Native Title Aboriginal Corporation RNTBC (ICN: 8903), incorporated under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth), is to:

(a)    be the prescribed body corporate for the purpose of ss 56(2)(b) and 56(3) of the Native Title Act 1993 (Cth); and

(b)    perform the functions mentioned in s 57(1) of the Native Title Act 1993 (Cth) after becoming a registered native title body corporate.

Note:    Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

SCHEDULE 1

NATIVE TITLE HOLDERS

1.    The Native Title Holders are the Wakka Wakka People. The Wakka Wakka People are those people who identify as Wakka Wakka in accordance with traditional laws acknowledged and traditional customs observed by them and who are the descendants of one or more of the following people:

(a)    Jenny Carlo and David Carlo (parents of Princess Carlo);

(b)    Minnie Bly (mother of Thomas Simpson), Ethel and Bill Button (father of Ethel Button);

(c)    Mother of Maggie Hart (grandmother of Crabbie Chapman and Henry Hart);

(d)    Mother of Willie Boy Pickering;

(e)    King Billy and Maria of Boondooma (parents of Tommy Dodd of Taabinga);

(f)    Maggie West;

(g)    Kitty of Boonara;

(h)    MiMi;

(i)    Kitty (mother of Jack Bulong);

(j)    John Bond;

(k)    Kitty (mother of Jenny Lind), Jenny Lind and Mick Buck;

(l)    Boubijan Cobbo;

(m)    Stockman Bligh and Aggie Bligh;

(n)    Tommy (aka Boondoon) and Maggie (parents of Willie Bone), Billy McKenzie (father of Chlorine McKenzie), Chlorine McKenzie;

(o)    Kate/Katie/Kitty Law;

(p)    Emily of Degilbo (mother of Annie); or

(q)    Taabinga Harry.

SCHEDULE 2

OTHER INTERESTS IN THE DETERMINATION AREA

The nature and extent of the other interests in relation to the Determination Area are the following as they exist as at the date of the determination:

1.    The rights and interests of the holders of Deed of Grant No. 40055324 dated 29 November 2007, Deed of Grant No. 40045566 dated 28 October 2004 and Deed of Grant No. 40056425 dated 29 May 2008.

2.    The rights and interests of North Burnett Regional Council (Council):

(a)    under its local government jurisdiction and functions under the Local Government Act, or under any other legislation, for that part of the Determination Area within the area declared to be its respective Local Government Area;

(b)    as the:

(i)    lessor under any lease which were validly entered into before the date on which these orders are made and whether separately particularised in these orders or not;

(ii)    grantor of any licences or other rights and interests which were validly granted before the date on which these orders were made and whether separately particularised in these orders or not; and

(iii)    holder of any estates or any other interest in land.

(c)    as the owner and operator of infrastructure, structures, earthworks, access works and any other facilities and other improvements located in the Determination Area validly constructed or established on or before the date on which these orders are made, including but not limited to:

(i)    undedicated but constructed roads except for those not operated by Council;

(ii)    water pipelines and water supply infrastructure;

(iii)    drainage facilities;

(iv)    watering point facilities;

(v)    recreational facilities;

(vi)    transport facilities; and

(vii)    community facilities.

(d)    to enter the land for the purposes described in paragraphs 2(a), 2(b) and 2(c) above by their employees, agents or contractors to:

(i)    exercise any of the rights and interests referred to in this paragraph 2;

(ii)    use, operate, inspect, maintain, replace, restore and repair the infrastructure, facilities and other improvements referred to in paragraph 2(c) above; and

(iii)    undertake operational activities in its capacity as a Local Government such as feral animal control, erosion control, waste management and fire management.

3.    The rights and interests of Ergon Energy Corporation Limited ACN 087 646 062:

(a)    as the owner and operator of any Works within the Determination Area;

(b)    as a distribution entity and the holder of a distribution authority under the Electricity Act 1994 (Qld);

(c)    created under the Electricity Act 1994 (Qld) including:

(i)    rights in relation to any agreement relating to the Determination Area existing or entered into before the date on which these orders are made;

(ii)    rights to enter the Determination Area by its employees, agents or contractors to exercise any of the rights and interests referred to in this paragraph; and

(iii)    to inspect, maintain and manage any Works in the Determination Area.

4.    The rights and interests of the State of Queensland or any other person existing by reason of the force and operation of the laws of the State of Queensland, including those existing by reason of the following legislation or any regulation, statutory instrument, declaration, plan, authority, permit, lease or licence made, granted, issued or entered into under that legislation:

(a)    the Land Act 1994 (Qld).

5.    So far as confirmed pursuant to s 212(2) of the Native Title Act 1993 (Cth) and s 18 of the Native Title (Queensland) Act 1993 (Qld) as at the date of this determination, any existing rights of the public to access and enjoy the following places in the Determination Area:

(a)    areas that were public places at the end of 31 December 1993.

6.    Any other rights and interests:

(a)    held by the State of Queensland or Commonwealth of Australia; or

(b)    existing by reason of the force and operation of the Laws of the State and the Commonwealth.

SCHEDULE 3

DESCRIPTION OF DETERMINATION AREA

The determination area comprises all of the land and waters described by lots on plan, or relevant parts thereof, described in the first column of the table immediately below, and depicted in the maps in Schedule 5, to the extent those areas are not otherwise excluded by the terms of Schedule 4.

Non-Exclusive Areas

All of the land and waters described in the following table and depicted in light blue on the determination map contained in Schedule 5:

SCHEDULE 4

AREAS NOT FORMING PART OF THE DETERMINATION AREA

The following areas of land and waters are excluded from the determination area as described in Schedule 3.

1.    Those land and waters which at the time the native title determination application was made were, or had been, the subject of one or more Previous Exclusive Possession Acts, within the meaning of s 23B of the Native Title Act 1993 (Cth) as they could not be claimed in accordance with s 61A of the Native Title Act 1993 (Cth).

2.    Specifically, and to avoid any doubt, the land and waters described in (1) above includes the Previous Exclusive Possession Acts described in ss 23B(2) and 23B(3) of the Native Title Act 1993 (Cth) to which s 20 of the Native Title (Queensland) Act 1993 (Qld) applies, and to which none of ss 47, 47A or 47B of the Native Title Act 1993 (Cth) applied, including but not limited to:

(a)    Lot 229 on RP215403; and

(b)    the land and waters on which any public work, as defined in s 253 of the Native Title Act 1993 (Cth), is or was constructed, established or situated, and to which ss 23B(7) and 23C(2) of the Native Title Act 1993 (Cth) and to which s 21 of the Native Title (Queensland) Act 1993 (Qld), applies, together with any adjacent land or waters in accordance with s 251D of the Native Title Act 1993 (Cth).

SCHEDULE 5

MAP OF DETERMINATION AREA

Note:    Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

RANGIAH J:

1    The applicant seeks a determination of native title pursuant to ss 61 and 225 of the Native Title Act 1993 (Cth) (the Act) on behalf of the Wakka Wakka People and associated orders under ss 56 and 57 of the Act.

2    Two determinations of native title have been previously made in favour of the Wakka Wakka People: see Bell on behalf of the Wakka Wakka People #4 v State of Queensland (No 2) [2022] FCA 371 and Bell on behalf of the Wakka Wakka People #4 v State of Queensland (No 3) [2023] FCA 1114.

3    On 13 October 2017, the Court made orders to administratively partition the application into two parts, Part A and Part B. On 1 November 2021, Part A and Part B were further divided to create Part C.

4    A consent determination of native title was made in relation to Part A in Cherbourg on 12 April 2022 and to Part B in Brisbane on 21 September 2023.

5    The parties have now indicated their consent to a determination that the Wakka Wakka People hold native title rights and interests in Part C of the claim area.

6    Part C covers the area set out at Order 3 of the Orders, as described in Schedule 3 and depicted in the map attached to Schedule 5 to the extent those areas are not otherwise excluded by the terms of Schedule 4. It encompasses land and waters in south-east Queensland in the North Burnett region, including the towns of Mundubbera and Gayndah.

7    The Court is satisfied, for the reasons below, that it is within the power of the Court to make the orders sought, and that it is appropriate to do so.

The Native Title Act

8    The preamble to the Act recognises, on behalf of all people of Australia, that the Aboriginal peoples and Torres Strait Islanders were the inhabitants of Australia prior to European settlement and that they were progressively dispossessed of their lands. It records that the Constitution was amended, by the overwhelming vote of the people of Australia, to enable laws such as the Act to be passed and to facilitate recognition by our shared legal system of native title rights and interests.

9    Section 3 of the Act outlines the main objects of the Act as being: to protect and recognise native title; to establish ways in which future dealings affecting native title may proceed and to set the standard for those dealings; to establish a mechanism for determining claims to native title; and to provide for, or permit, the validation of past acts, and intermediate period acts, invalidated because of the existence of native title.

10    Section 87A of the Act provides a mechanism for achieving a key objective of the Act: the resolution of claims for native title by agreement. The agreement of the parties to the terms of the proposed orders is consistent with that objective.

11    Section 61 of the Act provides that an application for a determination of native title may be made by a person or persons authorised by all the persons who, according to their traditional laws and customs, hold the common or group rights and interests comprising the particular native title claimed.

12    Native title is defined in s 223(1) of the Act as follows:

Common law rights and interests

(1)    The expression native title or native title rights and interests means the communal, group or individual rights and interests of Aboriginal peoples or Torres Strait Islanders in relation to land or waters, where:

(a)    the rights and interests are possessed under the traditional laws acknowledged, and the traditional customs observed, by the Aboriginal peoples or Torres Strait Islanders; and

(b)    the Aboriginal peoples or Torres Strait Islanders, by those laws and customs, have a connection with the land or waters; and

(c)    the rights and interests are recognised by the common law of Australia.

13    Section 225 of the Act describes what is meant by a “determination of native title”:

A determination of native title is a determination whether or not native title exists in relation to a particular area (the determination area) of land or waters and, if it does exist, a determination of:

(a)    who the persons, or each group of persons, holding the common or group rights comprising the native title are; and

(b)    the nature and extent of the native title rights and interests in relation to the determination area; and

(c)    the nature and extent of any other interests in relation to the determination area; and

(d)    the relationship between the rights and interests in paragraphs (b) and (c) (taking into account the effect of this Act); and

(e)    to the extent that the land or waters in the determination area are not covered by a non-exclusive agricultural lease or a non-exclusive pastoral lease—whether the native title rights and interests confer possession, occupation, use and enjoyment of that land or waters on the native title holders to the exclusion of all others.

…

The application

14    The application for a determination of native title was filed in the Federal Court on 10 February 2012.

15    On 13 October 2017, the application was separated, by order of the Court, into Part A (the area uncontested by the Indigenous respondent parties) and Part B (the area contested by the Indigenous respondent parties). On 1 November 2021, I ordered that the application be further divided to incorporate Part C, which comprises areas the subject of Crown-to-Crown grants that were subject to further negotiations between the applicant and the State of Queensland.

16    The applicant now seeks a determination on behalf of the Wakka Wakka People over land and waters within Part C. The applicant submits that such a determination would:

(a)    recognise the same native title holders as in the Part A and B determinations;

(b)    recognise the same non-exclusive native title rights over the proposed determination area which are recognised over parts of the Part A and B determination areas; and

(c)    wholly dispose of the proceedings.

17    The persons comprising the applicant are: Florence Bell, Michael Bond Snr, Garry Cobbo, Robert Lacey, Stephen Pickering, Carl Simpson, Cheryl Smith, James Chapman, Marissa Cobbo, Sidney Smith, Katrina Watson, Robert West, Edwin James MiMi, Irene Simpson, Shane Dynevor Jnr, and Patricia Bond.

18    The respondents to the application are: the State of Queensland, North Burnett Regional Council and Ergon Energy Corporation Limited.

19    All parties to the application have reached agreement that native title exists in Part C and as to the nature and extent of those native title rights and interests. An agreement, made under s 87A(1)(b) of the Act, was filed in the Federal Court on 20 July 2026.

20    The evidence of connection filed by the applicant is the same as that relied on in the Part A and Part B proceedings and primarily includes claimant evidence in the form of affidavits and witness statements; and two expert reports prepared by anthropologist Dr Kingsley Palmer.

21    It is appropriate to record that the parties were assisted in resolving aspects of the claim by the provision of a joint expert report prepared by the Honourable John Mansfield AM KC and Mr Kim McCaul.

22    The evidence of members of the native title claim group about their traditional laws and customs and rights and responsibilities in respect to land and waters is of the highest importance: Sampi v Western Australia [2005] FCA 777 at [48]. The claimant evidence of connection is comprised of 27 affidavits and witness statements of the following persons:

    Statement of Patricia Dawn Bond dated 10 August 2016;

    Statement of Robert George Lacey dated 2 September 2016;

    Statement of Loretta May Chapman dated 25 July 2016;

    Statement of Yvonne Frances Chapman dated 26 July 2016;

    Statement of Clem Michael Shadford dated 30 September 2016;

    Statement of Robert West dated 1 September 2016;

    Statement of Glenys Fredricksen dated 5 October 2016;

    Statement of Margaret MiMi dated 3 July 2016;

    Statement of Rodney Samuel Hill dated 2 July 2016;

    Affidavit of Selina Hill dated 14 March 2015;

    Statement of John Wragge dated 18 August 2016;

    Statement of Robert Bond dated 6 August 2016;

    Statement of Lance Bligh dated 27 September 2016;

    Statement of Cynthia Button dated 9 August 2016;

    Statement of William (Billy) Button dated 9 August 2016;

    Affidavit of Thomas Daniels dated 30 April 2014;

    Affidavit of Fred Cobbo dated 28 March 2014;

    Affidavit of Beryl Gambrill (dec) dated 16 June 2012;

    Statement of Arnold Murray dated 16 September 2016;

    Statement of Terry Willmot Snr dated 19 August 2016;

    Statement of Edward MiMi dated 15 February 2019;

    Statement of Melissa Bond dated 3 February 2019;

    Statement of Oriel Chambers dated 7 November 2022;

    Statement of John Wragge dated 8 November 2022;

    Statement of Una Appo dated 11 November 2022;

    Statement of Arnold Johnny Collins dated 10 November 2022;

    Statement of Eddie MiMi dated 12 November 2022.

23    The applicant also relies on the following reports prepared by anthropologist Dr Kingsley Palmer:

    Wakka Wakka Native Title Application QUD6032/1999 QC99/33 – Anthropologist’s Report (March 2010) (the Connection Report); and

    Wakka Wakka People #4 QUD91/2012 and Wakka Wakka People #5 QUD93/2012 Native Title Applications – Anthropologist’s Responsive Report (May 2014).

24    The applicant’s connection materials also include a genealogical report prepared by Tony Eales, a Research Officer at Queensland South Native Title Services: Wakka Wakka People #4 QUD91/2012 and Wakka Wakka People #5 QUD93/2012 Native Title Applications – Genealogical Responsive Report (May 2014).

25    In the Connection Report, Dr Palmer considered there to be “a substantial continuity of law and custom” that have been observed and practiced by Wakka Wakka People that, “can reasonably be supposed to extend back to the time of sovereignty within the application area”.

26    Dr Palmer also considered that:

Wakka Wakka society, as it is observable today, is based upon and is rooted in a customary system which is likely to have been in operation at the time of sovereignty.

27    Dr Palmer observed that the Wakka Wakka People have continued to observe customary ritual practices, which have been handed down to the present generation by their forebears, including with respect to totemic principles and spiritual beliefs, sites, bush tucker, dispute resolution and decision making, as well as a common understanding that members of the Wakka Wakka society shared a common language style, typified by a shared term for the word “no”.

28    Despite the loss of fluent use of the Wakka Wakka language, Dr Palmer found that speech acts have been replaced by assertive statements in English asserting a Wakka Wakka identity which perform the same function and have the same effect.

29    Dr Palmer also described rules for membership that require descent from Wakka Wakka ancestors and the endorsement of such membership by esteemed others both living and now deceased.

30    Dr Palmer stated that:

Members of the Wakka Wakka society assert associations with and rights over defined areas of country. The country of the Wakka Wakka people is defined by its members, based upon relevant knowledge which they gained from their forebears. Country is identified by reference to named places or other geographical referents both within that country and at its margins. These taken together are understood to comprise the totality of Wakka Wakka country…

31    Dr Palmer concluded that there is a continuity of country groups, recruited according to filiative principles whose members assert rights to more or less bounded areas of country. This represents a substantial continuity of Wakka Wakka traditional law and custom. Based on the evidence and materials considered, this continuity can reasonably be supposed to extend back to the time of sovereignty within the Wakka Wakka claim areas.

32    The Wakka Wakka People are the descendants of the following persons:

(a)    Jenny Carlo and David Carlo (parents of Princess Carlo);

(b)    Minnie Bly (mother of Thomas Simpson), Ethel and Bill Button (father of Ethel Button);

(c)    Mother of Maggie Hart (grandmother of Crabbie Chapman and Henry Hart);

(d)    Mother of Willie Boy Pickering;

(e)    King Billy and Maria of Boondooma (parents of Tommy Dodd of Taabinga);

(f)    Maggie West

(g)    Kitty of Boonara;

(h)    MiMi;

(i)    Kitty (mother of Jack Bulong);

(j)    John Bond;

(k)    Kitty (mother of Jenny Lind), Jenny Lind and Mick Buck;

(l)    Boubijan Cobbo;

(m)    Stockman Bligh and Aggie Bligh;

(n)    Tommy (aka Boondoon) and Maggie (parents of Willie Bone), Billy McKenzie (father of Chlorine McKenzie), Chlorine McKenzie;

(o)    Kate/Katie/Kitty Law;

(p)    Emily of Degilbo (mother of Annie);

(q)    Taabinga Harry.

33    The evidence filed, including Dr Palmer’s anthropological reports and the witness statements and affidavits provided by the claimants, provide cogent evidence of the continuity of the traditional laws and customs of the Wakka Wakka People extending back to before the time of sovereignty. The evidence supports the claim that the traditional laws acknowledged and the traditional customs observed give the Wakka Wakka People the rights and interests set out in Order 6 of the Orders.

The agreement reached between the parties

34    Section 87A(4) of the Act gives the Court the power to make an order consistent with the terms of a proposed determination of native title agreed between the parties to the proceeding without holding a hearing in relation to the application if the Court considers that: an order in, or consistent with, the terms of the proposed determination would be within its power; and it would be appropriate to do so.

35    The conditions under s 87A of the Act that enable the Court to make the determination without a hearing are:

    There is a proceeding in relation to an application for a determination of native title: s 87A(1)(a);

    At any stage of the proceeding after the end of the period specified in the notice given under s 66 of the Act, agreement is reached on a proposed determination of native title in relation to an area that is part of, but not all of, the area covered by the application: s 87A(1)(b);

    Certain persons are parties to the agreement, including, “each person who holds an interest in relation to land or waters in any part of the determination area at the time the agreement is made, and who is a party to the proceeding at the time the agreement is made”: s 87A(1)(c)(v);

    The terms of the proposed determination are in writing and signed by or on behalf of each of those parties: s 87A(1)(d);

    The Court is satisfied that an order in, or consistent with, the terms of the proposed determination, would be within its power and the Court considers it appropriate to make the orders sought: s 87A(4).

36    In considering whether it is appropriate to make the orders sought, the Court’s role is confined to considering the evidence filed for the purpose of determining whether the parties have entered into an agreement that has been freely made on an informed basis: Nangkiriny v State of Western Australia [2002] FCA 660; 117 FCR 6 at [14]. The Court is not required to make a judicial determination of the merits of the claim: Button on behalf of the Koa People v State of Queensland [2021] FCA 1190 at [5]. In considering the appropriateness of the orders, the Court is directed to consider whether the parties to the agreement have acted rationally and in good faith: Munn for and on behalf of the Gunggari People v State of Queensland [2001] FCA 1229; 115 FCR 109 (Munn) at [30].

37    The Court is satisfied that the parties to the s 87A agreement have entered into the agreement freely on an informed basis and have acted in good faith. The State of Queensland is satisfied that the claim group is an appropriate one to be recognised as holders of native title rights and interests, that it is appropriate to recognise the rights and interests proposed and that it is appropriate for the State to enter into the determination. I am also satisfied that the State has taken a “real interest” in the proceeding on behalf of the broader community, demonstrated in particular by the steps taken by the State to thoroughly review the applicant’s connection material and request further evidence as it considered was required: cf Munn at [29].

38    The requirements of the Act have been satisfied:

    There is a proceeding in relation to an application for a determination of native title: s 87A(1)(a).

    The period for notification of the application under s 66 of the Act has ended, and the parties to the proposed determination have recorded their agreement as to the terms of a determination of native title in relation to Part C of the application area: s 87A(1)(b) and (c).

    The terms of the draft consent determination are in writing and signed by or on behalf of each of those parties: s 87A(1)(d).

    An order in terms of the draft consent determination would be within the Court’s power because:

•    the application has been made in accordance with s 61 of the Act;

•    the application is for a determination of native title in relation to an area for which there are no other approved determinations of native title: s 13(1)(a);

•    the draft consent determination agreed to by the parties complies with ss 94A and 225 of the Act: s 87A(4); and

•    the State has obtained, and provided to the applicant, searches of land tenure and other relevant interests to determine the extent of “other interests” within the proposed determination area.

39    In addition, it is appropriate for the Court to make the orders sought because:

    The parties have freely entered into the agreement on an informed basis, having had the opportunity to consider and assess the evidence relied upon by the applicant.

    The parties have agreed as to the nature and extent of rights and interests, and the proposed determination is unambiguous and certain as to the rights and interests declared.

40    The terms of the proposed determination also satisfy the requirements of s 225 of the Act.

Prescribed Body Corporate

41    Section 55 of the Act relevantly provides that if the Federal Court proposes to make an approved determination of native title, and the determination is that native title exists at the time of making the determination, the Federal Court must, at the same time or as soon as practicable after it makes the determination, make a determination under ss 56 and 57 of the Act.

42    Section 56(1) of the Act requires that the Court must determine whether the native title is to be held in trust, and if so, by whom. The applicant has consented to orders determining that the native title is to be held in trust. The applicant seeks orders that the Wakka Wakka Native Title Aboriginal Corporation RNTBC (ICN: 8903) (WWNTAC) is to be the prescribed body corporate for the purposes of ss 56(2)(b) and 56(3) of the Act to perform the functions set out in s 57(1) of the Act. The applicant relies on an affidavit of Ewan John Raeside filed on 20 July 2026 which annexes a copy of a letter from Patricia Bond, a Wakka Wakka Person, member of the applicant claim group and a director of the WWNTAC, formally nominating the WWNTAC as the prescribed body corporate for the purposes of the Act.

43    I am satisfied that the WWNTAC is a prescribed body corporate within s 4 of the Native Title (Prescribed Bodies Corporate) Regulations 1999 (Cth).

44    It is appropriate to determine that the WWNTAC is to be the prescribed body corporate for the purpose of s 57 of the Act and perform the functions prescribed in s 57(3) of the Act.

Conclusion

45    The Court will make orders in accordance with the orders agreed by the parties.

Associate:    

Dated:    2 September 2026