Mandandanji People #2 - National Native Title Tribunal

‘Native title rights and interests’ are defined at s.223 of the Native Title Act. The
definition is closely aligned with the issues I have considered above under s.190B5. I
will draw on the conclusions I made under that section in my consideration of s.190B6,
rather than reconsider these requirements against each individual right and interest
sought.
Under s.190B6 I must consider that, prima facie, at least some of the rights and
interests claimed can be established.
In deciding which native title rights and interests claimed can be prima facie established
I have relied on the information contained in the amended application, in particular
Attachment G, and the affidavits of (names deleted).
Those affidavits provide sufficient material and information to satisfy me on a prima
facia basis that a number of the native title rights and interests claimed by the
applicants at Schedule E of the application can be established. In so finding I note that
Attachment B2 expressly states that the rights and interests do not extend to excluding
others in respect of any area where a valid previous non-exclusive possession act was
done (outlined in my reasons for decision at 190B(4)).
The three deponents have provided me with specific evidence addressing each of
those rights and interests as follows:
1. The possession, occupation, use and enjoyment of the whole of the country within
the area of the application.
The current activities listed at Attachment G of the application support the right as
described. The affidavit of (name deleted) states that he has lived most of his life in
Western Queensland, including going to school in Roma, Charleville and Mitchell as
a child. He states that he is actively involved in the protection of Mandandanji
culture and heritage (paras 6, 11). The affidavit of (name deleted) states that she
has lived most of her life in and around Mandandanji country, including periods
living in Surat and Roma as a child. She states that she still has a strong connection
to Mandandanji country and returns as often as she can to get out into the bush.
(paras 3, 9). The affidavit of (name deleted) states that the wherever possible he
and members of his family continue to live and survive off the land using traditional
knowledge and practices to hunt game, prepare bush medicines, make shelters and
traditional weapons and artefacts (para 9). See also paras 2, 7, 8, 12.
2. A right to protect and manage sites and places which the Mandandanji people
determine are of cultural significance, including spiritual places, sacred sites, burial
or body disposal places and ceremonial sites, including a right to perform
customary ritual and ceremony at those places and a right when deemed necessary
to exclude non-Mandandanji people from those places.
The affidavit of (name deleted) states that she is actively involved in the protection
of Mandandanji country. She states that she and her brother were the founding
members of a community group whose purpose is to have Aboriginal cemeteries
and burial grounds recognised as cemeteries and protected under the law. She was
involved in the protest against the Tenneco pipeline which was successful in
obtaining cultural monitoring of the pipeline corridor within Mandandanji country
(paras 9, 10, 12). The affidavit of (name deleted) states that (name deleted) family
members continue to implement the teachings of their forebears to visit and protect
significant sites (para 7). The current activities listed at Attachment G of the
application include cultural heritage work to maintain sites of significance and
visitation and maintenance of cultural sites by elders and other members of the
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