Australia federal court formally recognizes Kabi Kabi native title on Sunshine Coast News
Scott W., CC BY-SA 3.0, via Wikimedia Commons
Australia federal court formally recognizes Kabi Kabi native title on Sunshine Coast

The Federal Court of Australia on Monday officially recognized the Kabi Kabi people as the native title holders of Queensland’s Sunshine Coast. The decision was made at a hearing in Brisbane as part of a lawsuit that has been pending since 2013.

The indigenous Kabi-Kabi people have gained recognition for their connection to their traditional homeland and recognition of their native title rights to over 365,000 hectares of land and waters around the Sunshine Coast in south-east Queensland, which also includes several attractions, notably rivers, waterfalls, and mountains, among others. This decision means that the Kabi-Kabi people now have legal recognition of their non-exclusive rights, and their rights coexist with the rights of other land users.

White settlement in the Sunshine Coast region began in the 1840s, leading to violent conflicts with the Kabi Kabi. Despite attempts to eliminate and kill them, the Kabis fought against the settlement and preserved their culture. After decades of struggle, many were even forcibly relocated to Cherbourg. In 2006, the Kabi Kabi made their first native title. They date the second attempt to 2010 when a consultant anthropologist was involved in starting work on the report, but they filed an application under the act in 2013. After more than a decade of negotiations and legal processes, two additional legs of their claim are still pending.

Native title is the recognition of continued rights and interests that Aboriginal and Torres Strait Islander people have in land and water under Australian law. The recognition and exercise of native title rights in Australian law is administered through the Native Title Act 1993 (Cth). Native title is about the legal recognition of rights that have existed for thousands of years and gives Indigenous peoples the right to negotiate with others regarding the use and management of land, as well as establish conditions for development and protection. However, this does not include ownership of mineral resources.

Directors of the Kabi Kabi community said that the court’s decision to grant the title to the Kabi Kabi Indigenous people will enable them to receive official recognition of their rights to Indigenous land and represent their interests at the government level and to the public. The decision facilitates stability and recognition for the Kabi-Kabi people, which directors of the community assert is long-awaited and overdue.

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