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Native title group condemns ‘anti-social' behaviour after residents chased away from beach

Native title group condemns ‘anti-social' behaviour after residents chased away from beach

News.com.au6 hours ago

An Indigenous group holding exclusive native title to a strip of land near a Queensland beach has assured locals that the public may use the land, despite claims that residents have been chased away and made to feel unsafe while attempting to cross the area.
The long-running stoush over access to a Burrum Heads beach, near Hervey Bay, was addressed at a community meeting held last month.
In 2019, the Butchulla people were granted almost 100,000 hectares of native title land on the Fraser Coast in 2019, which includes 17,000 hectares of exclusive use.
Part of the exclusive use land includes a strip of 20-metre wide foreshore in front of Burrum Heads residents' homes.
In 2022, a small group of Butchulla people established a camp near the idyllic beach and were chasing away residents. This came despite criticism from the Butchulla Native Title Aboriginal Corporation (BNTAC), which insisted there was a way for 'all to enjoy this beautiful country'.
Following the community meeting held at Burrum Heads Community Hall on May 14, 2025, the BNTAC released a statement on Wednesday reaffirming its position.
'We understand the concerns raised at the meeting regarding the actions taken over the last four years to prevent access to the beach at Burrum Heads through an area of exclusive possession of native title land,' the statement said.
'Our position has always been, and continues to be, that the Butchulla people do not seek to prevent the public from accessing public access routes to the beach at Burrum Heads.
'Butchulla people are collectively responsible for our land and all decisions about how land is to be used.
'No one native title holder is able to make final decisions about how the land is to be used or to prevent people from accessing the land.
'All decisions about how land is used must be made in accordance with Butchulla traditional decision-making processes.'
BNTAC urged police to 'take action and protect the Burrum Heads community'.
'We understand that the public have made several complaints to the Queensland Police Service over the past four years to report incidents that have occurred while attempting to access the beach at Burrum Heads through an area of exclusive possession of native title land,' the statement said.
'Our position has always been, and continues to be, that the Butchulla People's exclusive possession does not prevent the police from exercising their powers to respond to anti-social incidents and take appropriate action where people are fearful, in peril, or have made a complaint.
'We call upon the police to use the enforcement powers at their disposal to maintain community safety for Burrum Heads residents.
'We are dedicated to working together with the people of Burrum Heads to achieve a respectful, sensitive, and lasting resolution to the concerns that have been raised.
'The Butchulla Court Determination was brought on behalf of all Butchulla People, not one or a few Butchulla persons.'
The statement added that 'one of the aspects of Butchulla Peoples' native title is the right of exclusive possession'.
'Butchulla People have the right to exclusive possession and use of land and waters where it has been determined our native title rights and interests are recognised under our traditional laws and customs,' it said.
'However, the right of exclusive possession is not absolute and it is subject to laws of the State of Queensland.
'Specifically, the State of Queensland passed legislation in 1993 to confirm existing public rights of access to beaches and these are capable of being recognised as an 'interest' for the purposes of our determination.
'Butchulla People do not have the right to restrict such interests, and actions to do so are outside Queensland law as well as our traditional laws and customs.'
Fraser Coast Councillor Michelle Byrne said in a statement to The Courier-Mail on Wednesday that council's powers were limited but it was engaging with 'all parties to try and find a positive resolution to the concerns of residents'.
'Council appreciates the efforts of BNTAC and the State Government, who hold the tenure of the land, and is actively working with both parties within the limits of our responsibilities for the land parcels in question,' she said.
Former federal MP Keith Pitt previously argued that the best solution for the conflict was for the small stretch near the beach to be removed from the exclusive use ruling.
Mr Pitt told The Daily Mail in 2023 that his office had been inundated by 'concerned Burrum Heads residents' who 'contacted my office about an area of land under native title'.
'It has resulted in restricted access to the beach and older constituents being chased off the beach,' he said. 'Every Australian is expected to abide by Australian laws and regulations, without exception.'

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