About the Kabi Kabi native title determination

Aboriginal and Torres Strait Islander peoples hold rights and interests in lands and waters that are based on their traditional laws and customs. These rights and interests are known as ‘native title’ and are governed by Australian law under the Native Title Act 1993 (Commonwealth).

Native title is formally recognised through a determination process. The Court produces a document outlining areas where native title exists and the rights and interests of the native title holders.

Kabi Kabi native title determination - Part A

This determination recognised the Kabi Kabi people’s pre-existing rights and ongoing connection to country across 3450km2 of land and 202km2 of waters including areas within Gympie, the Mary River, Nambour, Buderim, Maroochydore and Caloundra.

View map of the Kabi Kabi determination area.

The determination confirms the Kabi Kabi people's non-exclusive native title rights and interests including:

access, be present on, move about on and travel over the area
camp on the area, and for that purpose, erect temporary shelters on the area
take resources of the area for any purpose
light fires on the area for domestic purposes including cooking, but not for the purpose of hunting or clearing vegetation.

In exercising their native title rights, the Kabi Kabi people will still need to comply with the laws of the State and Commonwealth.

This claim was made following an authorisation meeting of the Kabi Kabi people. At this meeting, members of the native title claim group considered and agreed to appoint members to act on behalf of the Kabi Kabi people to negotiate the native title claim. These members are known as the 'Applicant' in the native title proceeding before the Federal Court of Australia.

Like all claims made in Australia, extensive negotiations took place and all members of the Kabi Kabi community were invited to come together to authorise the terms of the proposed consent determination and Indigenous Land Use Agreement before the Federal Court made a decision.

Proving connection to country

The process to achieve legal recognition of native title is often a difficult process for Aboriginal peoples and Torres Strait Islander peoples as it may involve experiences of profound loss and trauma.

The Kabi Kabi native title claim group provided evidence of:

their identity and traditional language
their connection, responsibilities and activities carried out on country
the law and custom that is acknowledged and observed
their rights and interests in land and water, and the relationship with customs.

The State’s legal and anthropological team were tasked with assessing the evidence provided in support of the native title claim. This assessment process is undertaken in accordance with the requirements of the law and the Native Title Act 1993 (Commonwealth).

Preserving traditional lore and customs

Native title is vital to Queensland’s pathway towards reconciliation. This determination preserves and celebrates the culture, values, and traditions of the Kabi Kabi people.

Native title protects the land which will be passed on to future generations along with the traditional lore and customs that govern it. It is one way of supporting self-determination and empowerment of Aboriginal and Torres Strait Islander peoples, and provides a pathway to economic, social and cultural wealth.

More information

View the Kabi Kabi native title determination timeline.
Learn more about the native title process.
Understand what native title means for Queensland.

Last updated: 17 June 2024
Last reviewed: 17 June 2024