The Kabi Kabi people have been awarded Native Title over a 356,345 hectare estate on the Sunshine Coast, in an area covering Noosa, the Glasshouse Mountains, Bribie Island and Mudjimba Island, in a special Federal Court hearing in Brisbane on Monday.
A determination by Justice Berna Collier on the legal claim first lodged in 2013 recognised the Kabi Kabi people's non-exclusive rights to the area, and marks the first time a heavily urbanised area on Australia's east coast has been given native title determination.
In her judgement, Justice Collier said: "I am also satisfied that the Kabi Kabi people have maintained a continuing connection with its land and waters ... up to the present day".
"These orders recognise that the Kabi Kabi people have and always have had native title rights.
"I congratulate everyone involved for reaching agreement in this matter, but in particular the Kabi Kabi people whose native title rights and interests have today received deserved recognition."
Speaking outside of court on Monday, Elder Michael Douglas said gaining access to the rights of natural resources was of particular significance.
"All those resources were used by our people in the past, and that gives us our rights to go back and utilise for our people to take timber or whatever to make boomerang spears, plants, our fishing rights, all that's in our hand today," he said.
"And we can proudly walk away here today. We have been empowered."
Chief executive of Queensland South Native Title Services, Tim Wishart, said, despite what people say, native title isn't land rights.
"It doesn't give Aboriginal or Torres Strait Islander people land ... It's simply a recognition of the rights and that determination lists the rights of the Kabi Kabi people can exercise in a non-exclusive way," Mr Wishart said.
"People aren't going to come and camp in Mum and Dad's backyard, because that's freehold land; that's extinguished native title."
Kabi Kabi Traditional Owner Tyrone Bean said it was "step forward," but was not "the end".
"A decision like this of everyone coming together and the 30 years of hard work," he said.
"This is reconciliation in action."
The Native Title rights are subject to the laws of both Queensland and the Commonwealth, as well as the traditional laws and customs observed by the Native Title holders, and Justice Collier said the decision did not give native title rights holders "possession, occupation, use or enjoyment to the exclusion of all others, including other interests as defined in the judgement and which continue to have effect".
The judgement only applies to part A of the Kabi Kabi claim, with two additional sections - part B and C - yet to be determined.
It is understood Part B relates to an area also claimed by the Butchulla people
Part A extends in the north to Cooloola National Park, Curra State Forest, Mary River, and the Isis River; the south from Elimbah Creek catchment area, Sandstone Point and Bribie Island; the east from the lowest astronomical tide of the coastline; and west to Nambour, Jimna and the Burnett and Coast Ranges.
Resources Minister Scott Stewart said the determination was a vital step on the way towards reconciliation, "as it assists in preserving Indigenous culture, values, and traditions".
"The Kabi Kabi People have such a rich and vibrant history in the area and such a deep and intrinsic connection to the land and I congratulate them on their Native Title determination," Mr Stewart said.
The determination grants rights to people recognised as Kabi Kabi over the area, including the right to take resources from it - the first determination in south-east Queensland to grant that right - but doesn't cover land that is leased for residential or business use, along with a range of other uses.
Previously the right was only limited to personal, non-commercial, and communal uses but the ABC reported seven Kabi Kabi applicants had reached an agreement with the state and federal governments, and seven local councils.
