Kabi Kabi elders say 'life will still go on' in Queensland tourism hotspots after successful native title claim

Indigenous elders say a landmark native title claim in heavily urbanised and tourist destinations of south-east Queensland will not change the way people enjoy or live in the area.

The Federal Court on Monday formally recognised the Kabi Kabi people as native title holders over 365,345 hectares of land and water on Queensland's Sunshine Coast.

The Sunshine Coast is one of the most populated areas in regional Queensland, with more than 317,000 people calling it home.

The determination marks the first occasion on Australia's east coast when native title has been recognised in a heavily urbanised area.

Native title is the name Australian law gives to the traditional ownership of land and waters that have always belonged to Aboriginal people according to their traditions, laws and customs.

The Commonwealth Native Title Act sets out how native title rights are to be recognised and protected.

Kabi Kabi traditional owner Brian Warner said the native title declaration does not apply to any land used by the government or any freehold land that's been bought by citizens.

"It applies to Aboriginal land or unallocated state land, areas of cultural significance," Mr Warner said.

"National parks, state forests and reserves."

The decision recognises the Kabi Kabi people's non-exclusive rights to areas including Gympie, Maroochydore, Caloundra, Bribie Island, Mudjimba Island and popular tourist areas around Noosa North Shore and Teewah Beach.

Queensland South Native Title Services CEO Tim Wishart said Queenslanders and visitors will notice little, if any, difference to areas under native title even if they own property in the region.

"For mainstream Australia, native title is a relatively benign thing, it is not going to affect them," he said.

"The Kabi Kabi people were recognised as holding non-exclusive native title, that means that the rights are exercisable subject to the laws of the state and the Commonwealth.

"They can't prohibit people from going places, they can't stop people going onto beaches, or onto Mudjimba Island or Mount Coolum. Native title isn't a grant of land, it's a recognition of rights."

Where is the Kabi Kabi native title area?

The traditional country of the Kabi Kabi People is along the Sunshine Coast from north of Brisbane to the Gregory and Isaac rivers south of Bundaberg.

The land also takes in the eastern part of the coastal ranges including the volcanic Glasshouse Mountains and the Mary River, which flows from the Conondale Ranges to the sea near Maryborough.

The court's decision only applies to Part A of the Kabi Kabi people's claim, which extends in the south from Elimbah Creek catchment area, Sandstone Point and Bribie Island, north to Cooloola National Park, Curra State Forest, Mary River and the Isis River, and in the east from lowest astronomical tide of the coastline west to Nambour, Jimna and the Burnett and Coast ranges.

Queensland South Native Title Service's Tim Wishart says Parts B and C of the claim are yet to be determined.

"Part B is a heavily urbanised area starting at about Caboolture and going south, and that's still under assessment by the state," he said.

"Part C is an area in which some other Indigenous people assert they hold native title rights.

"The court might have to decide who has rights then, that will happen in the future, I don't know exactly when."

There are many sacred and ceremonial sites on Kabi Kabi land including bora rings, used for gatherings, dancing, and ceremonies, as well as axe grinding and painting sites.

Will any native title land be blocked off?

Brian Warner said the short answer is, no.

"Life hasn't ended, and life will still go on the way it's been happening up until today," Mr Warner said.

"So, nothing will cease.

"The only thing is people recognising our right to reside on country or be part of a part of a local community or grassroots level or whatever level we're at."

The Kabi Kabi people have been lobbying for decades to receive native title recognition.

Their first native title claim was lodged in the mid 1990s.

Yesterday's native title ruling is the first time that the right to "take resources from the area for any purpose" is being recognised in South-East Queensland.

Mr Wishart said it did not mean Kabi Kabi people could access private properties owned under freehold title.

"Freehold title is the typical suburban block on the Sunshine Coast," he said.

"Native title doesn't exist on freehold land, and the native title holders can't access that land to exercise any of the rights that were granted to them."

He said if anyone believed they had an area of cultural significance on their property they should engage with cultural experts who could help preserve it.

Access important for everyone

Increasing the public's access to culturally significant land is a focus of the Kabi Kabi people and Sunshine Coast Council.

New proposed walking trails at Mount Ninderry Environmental Reserve are in the works under a project to honour the Kabi Kabi people's connection to the land, while creating all abilities access.

The council is also seeking community feedback on a new cultural education hub for the site.

Kabi Kabi man Kerry Jones said it was important to share stories of the land with everyone.

"It's a part of our story line, our legend that is connected to all these significant mountains and rivers around here," Mr Jones said.

"Kabi Kabi has been working with Council and we have the opportunity to look at new trails and share the stories of the Kabi Kabi peoples."

Why is native title important?

Brian Warner said the native title decision means Kabi Kabi people will be able to share their culture and teach others its significance.

"We still abide by the local laws that surround us," he said.

"But with the lands being given back to us, it allows us to still practice our ways and teach or educate our people that the significance of culture heritage, and we can do back burning, or cultural burning or cool burning."

"Just having a way to re-educate our people."

Mr Warner said what most people love and enjoy about the native title area's natural beauty is the same as what Indigenous people call being on country.

"Have you been on Teewah Beach at 4:30 in the morning, and there's like this magic mirror that's in front of you?" he said.

"Then that dawn comes and breaks that mirror into pieces, and behind that mirror is a humpback whale."

"You're up on Mary River, and the cloud drops out of the sky and it's snaking its way down along the river and you're standing in this cold, crisp air.

"Having you feel those moments of nature, and the beauty that's within our landscape, that's a great way of saying what it's like to be on country, it's beautiful."