As reported at The Federal Court of Australia website, the court has delivered a judgement altering the current Kabi Kabi native title claim, which includes land within the Noosa Shire & Electorate, to include Butchulla individuals in the claimant group due to the individuals having applied to the Federal Court claiming sites in the Kabi Kabi Claim area are sacred Butchulla sites.

The Butchulla individuals have been joined to the Kabi Kabi First Nation Traditional Owners Native Title Claim Group.

The reasons provided in the case are that:

“the prospective respondents contend that an area to the south of a line from Mount Bauple to Double Island Point, currently the subject of the Kabi Kabi Claim area, has sites that are sacred to the Butchulla People and they have custodial roles and responsibilities in respect of those sites” and that “for the purposes of s 84(5) of the Native Title Act, that evidence demonstrates at least a prima facie interest on the part of [applicants], namely an interest at first sight and without further investigation”

The result of the case alters the members of the claimant group and elements of the claim, hence a final determination decision is yet to be decided. In the court case, evidence was given that the joining of the Butchulla individuals to the claim could delay the determination of the claim.

The component of the Kabi Kabi claim that has been identified as additional Butchulla Country is displayed in the map below.

Further information

Native Titles claims and determinations are made under Federal Government legislation, for any queries relating to Federal legislation, please contact your local Federal MP.