Aboriginal man’s native title excuse after illegally clearing land on North Stradbroke Island to build a house for his daughter
An Aboriginal man found guilty of illegally clearing land on a picturesque island has appealed the decision, arguing he has the right to do so under native title.
Darren Burns, a Quandamooka elder who cleared land on North Stradbroke Island in south-east Queensland to build a home for his daughter, claims it was a traditional cultural activity permitted under native title, exempting him from planning legislation.
He is appealing in the District Court against a $20,000 fine imposed by the Brisbane District Court in February for the felling of 2,900 square metres of protected vegetation at Point Lookout on North Stradbroke.
Redland City Council, which prosecuted Mr Burns for prohibited development, said in a statement that it recognised and respected that the site was under Indigenous ownership but that logging on the land was still prohibited.
“The council takes the unlawful cutting of vegetation seriously and will hold anyone who does so accountable,” a statement from the council said.
Lawyers for Mr Burns argue in his appeal that he exercised his inherent rights under native title on use natural resources.
The appeal argues that Magistrate Ross Mack wrongly ruled that the development was illegal and that Mr Burns was in fact carrying out traditional Aboriginal land management practices by burning off forest land to allow it to revegetate.
Darren Burns, a senior man and ranger from Quandamooka, is appealing a decision that he illegally cleared part of North Stradbroke Island in Queensland
Lawyers for Mr Burns have argued that he was carrying out traditional indigenous land management practices
They claim that subsequent regrowth on the area was not challenged at the previous court hearing.
“At no time did the appellant (Mr Burns) claim that the eventual construction of the proposed dwelling and the subsequent use of the land was a traditional Aboriginal cultural activity or an exercise of any property right he had,” the appeal documents said.
‘He always admitted that he would need permission afterwards for any necessary building work, but that up until then he had been engaged in a traditional cultural activity.’
Mr Burns’ lawyers have asked for their client to be acquitted or for a new trial.
Mr Burns was fined $20,000 in February for cutting down 2,900 square metres of protected vegetation at Point Lookout (pictured)
Redland City Council declined to comment to the Courier post about the appeal as they said it was before the court.
The appeal will be heard next month.