Mandandanji People #2 - National Native Title Tribunal

7. A right to have access to the determination area and to control access to the
determination area by others.
8. A right to live according to Mandandanji culture (including Mandandanji legal and
political systems), to exercise self-determination and to have these rights respected
by others.
9. A right to own and protect all intellectual property over cultural knowledge of the
Mandandanji people, including names, words and stories and knowledge about
animals, plants, areas and places within the determination area.
10. A right to repatriate and deal with the remains of deceased Mandandanji people
within the determination area.
11. A right to assert, inherit and confer native title rights and interests in the
determination area in accordance with Mandandanji custom, tradition and culture
12. A right to maintain, protect, control and prevent misuse of cultural and spiritual
knowledge of the native title group associated with the land and waters covered by
the application.
13. A right to educate future generations and to pass on to others knowledge about the
land and waters covered by the application.
The particularised description of these rights and interests is qualified as follows.
• The application does not make any claim to ownership of minerals, petroleum or
gas wholly owned by the Crown; (stated at Schedule Q)
• Where an area is or was subject to a valid previous non-exclusive possession act
the native title claim group does not claim possession, occupation, use or
enjoyment of the area to the exclusion of all others (stated at Attachment B2)
• The relationship between the native title rights and interests described in
paragraph 3 (and at Attachment E) and the other interests described in paragraph 4
is that they are concurrent rights and interests to the part of the determination area
to which other interests relate, but by operation of legislation or by the nature and
extent of other interests created by the Crown, regulation, control, curtailment,
restriction, suspension or postponement may operate upon the exercise of some of
the concurrent rights. (stated at Attachment J, paragraph 5)
•
I have taken the “items of the Queensland Estate and Landscapes Queensland which
constitute the cultural heritage of the Mandandanji people” described at 1(vi) above to
mean those items that are listed in the relevant register pursuant to the Cultural
Records (Landscapes Queensland and Queensland Estate) Act 1987. I note that s32
provides that indigenous rights are unaffected by this Act.
I consider the thirteen specific rights and interests identified by the applicants to be
clearly defined and therefore readily identifiable.
The application passes this condition.
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