For residents and visitors of the Kabi Kabi area

Access to beaches and national parks

This determination recognises the Kabi Kabi people's non-exclusive native title rights meaning they will co-exist with other land users in the area. This means, the public can still access and use beaches and national parks.

Native title holders can continue accessing beaches and national parks to exercise their recognised rights and interests, like gathering traditional foods or protecting significant sites.

Native title land ownership, rates and taxes

This determination does not give the Kabi Kabi people freehold title to land. Native title is the recognition of a set of pre-existing rights that were in place prior to European settlement.

In recognising these rights, the Federal Court has not granted title to the Kabi Kabi people. Rates or taxes do not apply to native title rights.

Landholders and privately owned land

This determination will not affect privately owned land. Australian law does not recognise native title over places where people have exclusive possession of the land. It also cannot take away valid rights to land, including, holding a pastoral lease or having a mining licence.

State and Council land

State Government can still access unallocated state land for land management purposes, like vegetation management.

Local Government can still access land for the same purposes if they are the trustee of a reserve.

Camping

In limited circumstances, native title rights might affect how a Local, State, or Commonwealth Government law applies. For example, if State law requires someone to obtain a camping permit, this requirement may not apply to native title holders if the camping activity is part of enjoying a native title right.

In most circumstances though, Local, State, and Commonwealth laws will still apply to those exercising their native title rights and interests. For example, should a complete fire ban be in place, the Kabi Kabi people would be unable to light fires for the purposes of exercising their native title right.

Learn what native title means for Queensland.

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