Now our Claim has been registered with the National Native Title Tribunal there is a process that is required to achieive a 'Consent Determination".
A more detailed explaination can be found in two National Native Title Tribunal publications:
The Federal Court of Australia also has a description of what is required to achieve a Native Title Determination.
How Our Claim Is Going
Claim Update as at 30 November 2015
Gaangalu Nation People (GNP) Native Title Claim, Federal Court Number QUD 400/2012.
You can see how our claim is going at the Federal Court of Australia.
You can also see the progress of our claim at the National Native TItle Tribunal.
The National Native Title Tribunal will advertise the notification of the claim so individuals and the public are informed of the registration of the Native Title claim. This is the notification period and people had 3 months to register as a respondent party. As our claim is now registered the next stage in the process is the Notificaiton period. The GNP notification period was 29 January to 29 May 2013 and our respondent parties are made up of (note this information is up to date as at 1 December 2015)
- Other Indigenous people and groups (there are 4 parties)
- Government (there are 7 parties)
- Infrastructure (power, water, telecomunication (there are 3 Parties)
- Mining & Exploration (there are 42 parties)
- Pastoral (there are 28 parties)
Respondent Party (Withdrawn)
Other Indigenous people and groups (3 parties)
- Donna Aston
- John Black
- Margaret Williams
Mining & Exploration (6 parties)
- MCG Exploration Pty Ltd
- MCG Resources Pty Ltd (in Liquidation)
- Peabody Budjero Pty Ltd
- Peabody Capricorn Pty Ltd
- Peabody Energy Australia Coal Pty Limited
- Queensland Iron Pty Ltd
- William Vernon Cragg as executor of the estate of William Henry Cragg deceased
You can view in more detail if you follow this link to the Party Report.
At a direction hearing the Judge (in our case that is Justice Dowsett) will give directions for the progression of our claim. At the hearing the judge will deal with such things as:
- Finalise the Party List
- deal with overlapping claims
- deal with the parties
- send to case mamagement by a Registrar of the court, if required
If there is agreement between the parties for a consent determination, the court will use this and other evidence such as GNP Connection Report to consider making a Native Title consent determination.
If an agreement cannot be reached the matter may be set down for a court hearing. This is when all parties present their evidence to the court for a determination if native title exists or not.
Kanolu People 2 Update:
The removal of Kanolu People 2 claim overlap, from GNP native title claim came into effect on the 10 June 2014 with the stamping of the Federal Court Order and signed by Justice Rangiah on the 10 June 2014.
Wadja People Update:
the Wadja overlap has been removed from the GNP claim. On the 16 July 2014 the Wadja Form 1 was filed amending their claim boundy and removing the overlap. On the 17 July 2014 the Federal Court Order amending Wadja Form 1 to allow the removal of the overlap was issued.
Bidjara People # 7
Bidjara People # 7 claim remains as an operlap on the GNP claim and are before the court on other matters.
Mary Ann Crooke Inquiry Update:
- The Court directs the National Native Title Tribunal (NNTT) to conduct an inquiry as to "Whether Mary Ann Crook and her descendants should be included in the group description of the Native Title Determination Application of the Gaangalu Nation People.
- By 2 December 2013 the Applicants (GNP), Shirley Anderson and Trevor Lamb exchange interim connection material.
There were 3 NNTT hearings;
- 12/13 December 2013, held in Rockhampton
- 24 Feburary 2014, held in Brisbane
- 4 April 2014, held in Brisbane
- 12 August 2014, GNP withdrew from the inquiry
- 14 December 2014, President Webb released the NNTT report
The report remains a confidential document. Through GNP legal represenatives the Federal Court have been advised that GNP rejects the recomendation of the NNTT report.
Court Ordered Mediation
24 July 2015: this matter was referred to the Deputy Registrar for mediation.
25 August 2015: court managed mediation meeting held in Brisbane.
17 October 2015: court managed mediation meeting held in Rockhampton.
At the mediation meeting held on the 17 October 2015 in Rockhampton, a process was agreed to for moving forward on this issue by the GNP Applicant and the respondents.
Next Court Direction Hearing
4 Feburary 2016
Directions Hearing; Justice Rangiah in the Frederal Court Australia; Brisbane:
The out come from the Direction is the GNP Claim has been place into Case Management before DDR Fewings. The Queensland Government, Wadja Claim and the Western Kangoulu Claim have also been placed in Case Management before DDR Fewings. The Court Order states:
- This proceeding be referred to a Deputy Registrar for case management.
- The matter be listed for a directions hearing on 16 June 2016 at 9.30am.
The date for the next direction hearing has been been reschedule for the 21 July 2016 in court room 5, level 7, Commonwealth Law Court Building, 119 North Quay, Brisbane.
21 July 2016
The GNP Native Title claim remains on foot. The State have advised they will move to complete the assessment of GNP conection material by September 2016. You are able to view the Court Orders at the Federal Court web site.
11 August 2017
At this time the GNP claim is in case mangement and on the 11 August 2017 court orders were issued to set programming orders on the 5 Oct 2017 at a case management hearing.
5 October 2017
Following the GNP case management hearing on the 5 October 2017 Trile Programming Orders were issued by Justice Rangiah. It is estimated that if we gto to trial it would b late 2018 or early 2019.
Some key date and requirement from the Applicant (GNP):
Connection material – Applicant
- On or before 18 May 2018, the Applicant must file a list of all the proposed witnesses (both expert and non-expert) upon whose evidence the Applicant will rely upon for the Connection Issue and if any of the material to be relied upon is previously filed in the proceeding the date of filing of that material.
- On or before 1 June 2018, the Applicant must file:
- a signed statement of evidence or affidavit for any witness (other than expert witnesses) to be relied upon for which an affidavit has not previously been filed;
- a detailed outline of the evidence proposed to be led from a witness (other than expert witnesses) orally; and
- a copy of each photograph or other document (appropriately captioned or described) which it proposes to tender or refer to in the evidence of any witness.
The next case management hearing for GNP is set down for the 28 August 2018.
An important part of getting a consent determination for GNP Native Title is the submission of a 'Connecton Report', this is our evidence of our connection to our traditional country.
The key people we have to prove connection to country are, the Courts and the Queensland Government. The Queensland Government has a"Guide to Completing a Connection Report for Native Title Claims in Queensland", this guide sets out what the Queensland Government requires in a Connection Report before they will agree to a consent determination of native title. The Court and other respondent parties also use the Connection Report as evidence to agree to a consent determination.
Check out an estimated timeline for the progress of out Connection Report.
The researchers compiling our connection report are UniQuest Pty Limited, to date they have produced for GNP:
- The Native Title Determination Application (Form 1) connection material;
- The interim connection material for the Kanolu and Wadja People mediation;
- The joint statement on areas of agreement and disagreement for the Kanolu and Wadja People mediation;
- UniQuest has provided the connection material to meet the requirement of the 30 September 2013 Court Order. UniQuest are now working produce a final Connection Report for the Court.
On Friday 21 November 2014 The Queensland Government provided a response to GNP interim conection material. Additional information has been requested and the GNP Applicants are working with our legals and Anthropologists are working to provide a response to the State's issues to acheive a consent determination of Native Title for the Gaangalu Nation People. Any assistance that can be provided by GNP members about information country such as visities, stories or locations of sities would be helpful to this process. Please contact any of the GNP Applicants if you can assist.
The Queensland Government requested additional information in June 2014 and we are required to submit thie supplementry material by the 30th November 2015.
With Trial Programming Orders being issued on 5 October 2017 by Justice Rangiah Uni Quest Pty Ltd (who provide expert evidence) are required to:
- On or before 15 June 2018, the Applicant must file any additional expert evidence for the Connection Issue on which the Applicant seeks to rely.
GNP Authorised Applicants
Lynette Blucher: 04 2752 8829
Viola Sheridan: 04 0040 8918
Robert Toby (Jn): 04 1970 9040
Lillian Harrison: 04 5868 8096
Rodney Jarro: 04 1352 5594
Lynette Anderson: 04 2790 6794
You can also contact GNP by email: firstname.lastname@example.org
A key piece of evidence for our Connection Report are our family trees connecting you to the Apical Ancestors on our claim. To assist in completing family trees, can people who are descendants from the GNP claim Apical Ancestors, please contact the GNP Applicants to provide family informaiton for the Connection Report.
For the GNP Applicants contact details go to the GNP 'Organisational Chart'.