A non-claimant application has been lodged in the Federal Court seeking a determination that native title does not exist over numerous land parcels across Redland City and several nearby islands.
The application by Redland City Council, filed on June 26, will be formally notified on September 24.
It covers about 16.48 square kilometres made up of around 996 whole parcels and 23-part parcels.
The land is spread across Capalaba, Cleveland, Victoria Point, Redland Bay and the islands of Coochiemudlo, Karragarra, Lamb and Macleay.
Under the Native Title Act 1993, there can only be one determination of native title for an area.
If no claimant application is lodged over the land by December 23, acts may be permitted that could extinguish or otherwise affect native title.
The Council, as the applicant, is the local government authority for the area and is listed as the registered proprietor of freehold titles, leasehold interests, and trustee or day-to-day manager of various reserves.
It has asked the court for a ruling that native title does not exist.
A Redland City Council spokesperson said the application was about providing certainty for all parties.
“In the interests of providing certainty for all parties, this proceeding includes more than 1000 Council properties for which Council seeks confirmation from the Court that native title has been extinguished due to prior inconsistent tenure grants, for example at Redland Showgrounds (Norm Price Park),” the spokesperson said.
“This action seeks to ensure the Court’s final determination of the native title claim is the most complete outcome available and avoids the need to revisit the Court’s determination in the future.
“Properties on Redlands Coast identified as having native title rights and interests attached to them include conservation reserves, wastewater treatment plants, parks and public buildings. Examples of some of these areas are listed on Council’s website.
“Council has continued to work respectfully with the representatives of Quandamooka people since the native title claim was filed with the Federal Court of Australia in March 2017.”
Federal Member for Bowman Henry Pike said he supported Council’s application, adding that there needed to be a “fair and just process” to balance local land management with the rights of Traditional Owners.
“Since being elected in 2022, I have been calling on the Federal Government to restore the Native Title Respondent Funding Scheme, which was previously in place,” Mr Pike said.
“This would ensure financial support is provided to both claimants and respondents, so both sides are properly resourced to achieve fair outcomes.”
Mr Pike said Council had briefed him on the application and that many residents were concerned about what rejecting it could mean for well-known local sites.
“We can see the strength of feeling in the community with more than 8000 locals signing my online petition calling on the Albanese Government to restore the NTRFS.”
However, Quandamooka Yoolooburrabee Aboriginal Corporation (QYAC) Chair Cameron Costello described the application as “unnecessary” and said the process had previously been progressing towards a consent determination.
“This new claim application has been filed where an existing claim was already projected to proceed towards a consent termination,” Mr Costello said. “It’s unfortunate and costly for taxpayers.
“We’ve been through two native title determinations in the area over the past 10-15 years, and these new issues raised by Council haven’t been an issue before.”
Mr Costello said the new application includes freehold parcels that previous claims had never pursued.
