Posted: 2024-06-17 01:22:49

The Federal Court has formally recognised the Kabi Kabi people as native title holders over 365,345 hectares of land and water on Queensland's Sunshine Coast.

A determination by Justice Berna Collier at a special hearing in Brisbane on Monday recognised the Kabi Kabi people's non-exclusive rights to an area including Gympie, Noosa, Maroochydore, Caloundra, Bribie Island and Mudjimba Island.

Justice Collier told the court she was satisfied the Kabi Kabi people "have and always have had native title rights and interests in this country".

The determination marks the first occasion on Australia's east coast when native title has been recognised in a heavily urbanised area.

It is also the first time that the right to "take resources from the area for any purpose" is being recognised in South-East Queensland.

Previously, the right was limited to personal, communal and non-commercial purposes.

Aerial view over surf and bushland

The native title claim covers about 10,280 square kilometres and includes Noosa.(Supplied: Paul Smith, Noosa World Surfing Reserve)

The decision comes after seven Kabi Kabi applicants reached an agreement with stakeholders including the state and federal governments and seven local councils.

The court's decision only applies to Part A of the Kabi Kabi people's claim, which extends in the south from Elimbah Creek catchment area, Sandstone Point and Bribie Island, north to Cooloola National Park, Curra State Forest, Mary River and the Isis River, and in the east from lowest astronomical tide of the coastline west to Nambour, Jimna and the Burnett and Coast ranges.

Parts B and C of the claim are yet to be determined.

'Deserved recognition'

Monday's determination recognises the Kabi Kabi people's rights to "access, be present on, move about on and travel over the area", which is about 10,280 square kilometres in total.

Justice Collier told the court the decision did not confer on the native title holders "possession, occupation, use or enjoyment to the exclusion of all others, including other interests as defined in the judgement and which continue to have effect".

The native title rights and interests are subject to the laws of the state and the Commonwealth as well as the traditional laws and customs observed by the native title holders.

Aerial view of the blue water and white sand of the beach at Kawana on Queensland's Sunshine Coast

The decision covers 365,345 hectares of land and water on the Sunshine Coast.(Supplied: Visit Sunshine Coast)

In handing down her decision, Justice Collier said she was satisfied the Kabi Kabi people had a continuing connection with the land and waters which had been maintained since before Europeans arrived and up to the present day.

"These orders recognise that the Kabi Kabi people have, and always have had, native title rights and interests in this country," she said.

"I congratulate everyone involved for reaching agreement in this matter, but in particular the Kabi Kabi people whose native title rights and interests have today received deserved recognition."

'A long time coming'

Kabi Kabi traditional owner Brian Warner said it had been a long and "arduous" process to achieve recognition.

"I feel exhausted, as well as elated," he said.

"This has been nearly 30 years ... and it's just not one family, it's 20 family groups all together.

"Many of the people have been here from very start but we have lost a lot of elders along the way.

"So it's very emotional — we're mourning the ones we lost but celebrating our future and our people."

Premier Steven Miles said the ruling would not have an impact on freehold land.

"The Kabi Kabi people have said they want people to continue to enjoy what makes the Sunshine Coast great — the Glasshouse Mountains, Mount Coolum, the beaches," he said.

"I don't think there's anything here to be concerned about.

"If anything, it's just an opportunity for us to better understand, better integrate those First Nations' stories into our understanding of the land."

Kabi Kabi Peoples Aboriginal Corporation chair Norman Bond said the decision meant "stability and grounding to build the Kabi Kabi nation to where it should be".

"It means the Kabi Kabi people can be formally recognised by all tiers of government and by the public without feeling they have to justify who they are because the native title claim was not complete."

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