1800 522 426
The right of Kabi Kabi people to possess and enjoy the Kabi Kabi estate they had held for tens of thousands of years was interrupted by colonisation. After decades of struggle by Kabi Kabi people, many of whom have passed, the rights of Kabi Kabi people have been recognised by Australian law. The Determination by the Federal Court to recognise the Native Title rights of Kabi Kabi people, and KKPAC that holds those rights on behalf of Kabi Kabi descendants, honours the legacy of those determined and resourceful elders.
On 17 June 2024, the Federal Court of Australia recognised Native Title held by Kabi Kabi People over land and waters within the Kabi Kabi Part A Determination Area. It was a significant miletone for the Kabi Kabi nation. The Federal Court Determination formally recognises the Kabi Kabi people’s continuing connection to their estate under traditional laws and customs and under Australian law.
What is Native Title?
Native title is the recognition by Australian law that Aboriginal and Torres Strait Islander peoples continue to hold rights and interests in land and waters under their traditional laws and customs. Those rights existed before colonisation. A Native Title determination does not create or grant them; they were always there. It formally recognises those rights within Australian law.
Native Title is not ‘title’. It is not the same as freehold ownership. Native Title rights are different for each claim group.
The Kabi Kabi Part A Determination
The Kabi Kabi Part A Determination, known as Douglas on behalf of the Kabi Kabi First Nation Traditional Owners Native Title Claim Group v State of Queensland (No 5) [2024] FCA 645, confirms Native Title rights and interests across a 3,450 square kilometres of land and 202 square kilometres of waters that make up the Kabi Kabi estate that stretches through the Sunshine Coast, Noosa, Gympie, Moreton Bay, Somerset, Fraser Coast and Bundaberg regions.
The Court determined that Native Title is held by the Kabi Kabi People and held in trust by Kabi Kabi Peoples Aboriginal Corporation RNTBC (KKPAC). KKPAC is the Registered Native Title Body Corporate (RNTBC) responsible for holding and managing the determined Native Title in accordance with the Native Title Act 1993 (Cth) and the Corporation’s Rule Book.
Kabi Kabi Native Title
Recogised rights in the Determination area
Kabi Kabi people hold the following non-exclusive Native Title rights over the land and waters within their estate:
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to access, be present on, move about on and travel over the area;
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to camp on the area and, for that purpose, erect temporary shelters;
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to take resources for any purpose;
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to take and use water from the area for personal, domestic and non-commercial communal purposes, including cultural and spiritual purposes;
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to participate in cultural activities on the area;
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to be buried, and to bury other Kabi Kabi native title holders, within the area;
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to maintain places of importance and areas of significance under Kabi Kabi laws and customs, and protect those places and areas from physical harm;
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to teach on the area about its physical and spiritual attributes;
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to hold meetings on the area; and
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to light fires for domestic purposes, including cooking - but not for hunting or clearing vegetation.
What 'non-exclusive' means
Kabi Kabi non-exclusive rights do not give rightsholders the right of possession, occupation, use or enjoyment of the determination area to the exclusion of others and other valid rights. Kabi Kabi rights coexist alongside other valid rights and interests, which include freehold, leases, reserves, roads, licences, public access rights, utilities, local government functions and statutory authorities.
Where another valid interest is inconsistent with the exercise of native title, that other interest prevails.
KKPAC Member Card
The KKPAC Member Card confirms that the named person is of Aboriginal descent, is of Kabi Kabi descent and is a Member of Kabi Kabi Peoples Aboriginal Corporation (RNTBC). The KKPAC Member Card is not transferable, or replaceable and does not confer any right to the holder to disregard any Commonwealth, Queensland or local government laws.
Possession of the KKPAC Member Card confirms that the holder of the card holds the rights of the Kabi Kabi Native Title Determination collectively with other Kabi Kabi people. The KKPAC Member Card is intended to evidence and explain those rights and the holder’s connection to the Kabi Kabi estate.
Where and how Kabi Kabi Native Title rights may be excercised
A recognised right may only be exercised where Native Title exists and in a way that is consistent with:
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the terms of the Federal Court determination;
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Kabi Kabi traditional laws and customs;
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Commonwealth, Queensland and local laws; and
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other valid rights and interests affecting that place.
This means the KKPAC Member Card is not permission to enter private property, ignore a lawful direction, light a fire anywhere, use prohibited equipment, damage property or undertake an activity in a closed or restricted area. A Kabi Kabi person may still need to confirm the tenure, boundaries, access arrangements, fire restrictions, protected-area rules or other site-specific requirements.
Part B and Part C Claim areas
The Part A Determination is the area where the Federal Court has made a final determination recognising the rights listed above. Other parts of the Kabi Kabi claim remain subject to Federal Court proceedings. A registered or unresolved claim is not the same as a determination: the claimed rights have not yet been finally determined by the Court for those areas.
The member card refers to the Kabi Kabi native title claim areas as well as the Part A Determination Area. That reference should not be read as confirmation that the Part A rights have already been determined throughout Part B or Part C.
Questions about the status of a claim area or the exercise of rights in a particular location should be referred to KKPAC.
Further information and verification
For questions about Kabi Kabi membership, the member card, the determination area or the exercise of Kabi Kabi native title rights, contact Kabi Kabi Peoples Aboriginal Corporation RNTBC:
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Phone: 1800 KABICO (1800 522 426)
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Email: admin@kkpac.org.au
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Website: www.kkpac.org.au
Further Resources
Federal Court judgment - [2024] FCA 645: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2024/2024fca0645
Native Title Act 1993 (Cth): https://www.legislation.gov.au/C2004A04665/latest/text
Queensland Government - An introduction to native title: https://www.qld.gov.au/firstnations/environment-land-use-native-title/introduction-to-native-title