Maluilgal (Torres Strait Islanders) Corporation RNTBC

Maluilgal (Torres Strait Islanders) Corporation administers land on behalf of the Boigu, Dauan, Badu, Mabuiag and Saibai people. This land includes the islands of Buru (also Turnagain Island), Waral Kawa (also Deliverance Island), and two smaller islands called Kerr Islet and Turu Cay. The Boigu, Dauan, Badu, Mabuiag and Saibai people’s rights over the land were recognised in the Buru & Warul Kawa determination.

The claim leading to the Buru & Warul Kawa determination was first made in 2002 by Victor Nona, John Whop, Pili Waigana, Nelson Gibuma and Phillip Bigie. The claim was successfully negotiated over 3 years and all parties agreed to recognise the Boigu, Dauan, Badu, Mabuiag and Saibai people’s native title rights, including:

• Exclusive possession of land, and
• Non-exclusive right to use to water and things in it for personal, non-commercial or domestic communal uses.

The Federal Court approved the party’s agreement and determined that native title exists in the determination area and can be exercised in the ways agreed to be the parties during negotiations. While considering whether it was appropriate to recognise native title in this case, Chief Justice Black appears to have relied upon an affidavit by Sipau Gibuma and an anthropological report prepared by Dr Garrick Hitchcock. Chief Justice Black noted in conclusion that the order does not grant native title to the traditional owners, but rather 'recognises what they have long held.'