Toobeah Native Title and Aboriginal Land Transfer Information

• The native title holders of the land, the Bigambul People (recognised as traditional custodians by the Federal Court in 2016), made an Expression of Interest (EOI) to the Queensland Government Department of Resources for Lot 1 of the Toobeah Reserve (Lot 1) to be transferred to them as Aboriginal freehold under the Aboriginal Land Act 1991.
• The Queensland Government added the nearby Lot 10 Reserve, to the EOI for Aboriginal freehold to compensate for the carving out of the stock route in Lot 1. No decision has been made by the government on the application to transfer Lot 10.
• The Queensland Government requested Council confidentially provide comments on the proposal to grant Aboriginal freehold over Lot 1.  The State’s explicit instructions to Council was that, like any other application made to the State, the details of the EOI application remain confidential.
• At Council’s insistence, the State lifted the confidentiality provisions in January 2024 to enable Council to provide its response through an open public Council meeting. Not in secret, as some people have wrongly continued to claim. Council would have refused to consider the matter in a closed meeting.
• Council repeatedly requested that the State undertake meaningful consultation with the community.
• In September 2024 the then Minister for the former Queensland Department of Resources made the decision to transfer the land to the traditional custodians, the Bigambul People.

Further Information about Land Transfers under the Aboriginal Land Act can be found here on the Queensland Department of Resources website - https://www.qld.gov.au/firstnations/environment-land-use-native-title/connecting-with-country/land-transfers

The Toobeah Reserve (Lot 1) was owned by the Queensland Government. Council was appointed Trustee in October 1906.

Since 1906, the purpose of Lot 1 was for camping and watering in relation to travelling stock only. The public did not have lawful access for recreational activities, such as swimming, fishing or motorbike riding.

In June 2024, the then Minister for the former Queensland Department of Resources advised Council that the State had revoked Council’s Trusteeship of the land.

In September 2024, the then Minister for the former Queensland Department of Resources made the decision to transfer the land to the Bigambul People.  The land transfer has now occurred.

The State has transferred some 6 million hectares of land to Aboriginal people under these provisions since 1991.

The Bigambul People have publicly committed to the Toobeah community (at a meeting with around 100 locals in attendance – February 2024, and on their website) a willingness to work with the local community to develop lawful community access arrangements. This means that for the first time since 1906, there is potential for the land to be lawfully accessed by community members for recreational activities.

No. This was not a local government process, it is the responsibility of the State. Under the Queensland Government’s Aboriginal Land Act 1991, any Aboriginal or Torres Strait Islander can lawfully apply for Aboriginal freehold. The Minister is required to consider the request and make a decision.

Local governments may be invited to provide comments to the Queensland Government during the process, but like any other application made to the State, the details of the EOI application were confidential. Council was bound by confidentiality but made repeated requests that the Queensland Government undertake meaningful consultation with the Toobeah community. At Council’s insistence, the State lifted the confidentiality provisions in January 2024 to enable Council to provide its response through an open public Council meeting. 

With advice that the Aboriginal Land Act application to the State was legal, and there was no process or grounds for Council to object, Council focused on negotiating the best possible outcome in the circumstance for Toobeah and broader community. 

At Council’s insistence, the State lifted the confidentiality provisions in January 2024 to enable Council to provide its response through an open public Council meeting. Council resolved to request the following from the State:

1. Easement access to Council for essential town water infrastructure;
2. Suitable alternate for retaining the stock route network;
3. Queensland Government land, suitable for new residential lots, be transferred to Council as freehold to provide future growth opportunities for Toobeah; and
4. The State to undertake public consultation with the community.

The State has now delivered on items 1, 2 and 3, however no meaningful public consultation ever took place. Council repeatedly expressed frustration to the State and requested that consultation take place.

The State, as the former owner of the land, sought permission from the traditional custodians, to sell to Council just under 5 hectares of freehold land adjacent to the Toobeah township for future town expansion. This acquisition will double the existing Toobeah township area of 5.5 hectares, providing opportunities for growth and development and supporting improved economic and community outcomes for Toobeah and the broader Goondiwindi Region.

A draft concept plan outlining a potential design for future development has been shared with Toobeah community members to keep them informed of this development opportunity.

The Toobeah township currently comprises of 36 generally small individual freehold lots, some aggregated, and under 20 building structures.

The entire Toobeah district is around 1,125km². Lot 1 is 2.1km² (210ha) and represents only 0.19% of the Toobeah district.  There are around 149 residents in the Toobeah district and approximately 30 currently living in the township.  Lot 1 was not part of the gazetted Toobeah township.

Since 1906, the lawful purpose of Lot 1 was for camping and watering in relation to travelling stock only. The public did not have lawful access for recreational activities, such as swimming, fishing or motorbike riding.

The Bigambul People have publicly committed to the Toobeah community a willingness to work with the local community to develop lawful community access arrangements. This means that for the first time since 1906, there is potential for the land to be lawfully accessed by community members for recreational activities. Council strongly encourages community members to engage with the Bigambul People to develop these arrangements.

No. The following land parcels were never part of the application:

• Toobeah Coronation Hotel
• Toobeah Rodeo / Campdraft site
• Toobeah Kindergarten building / grounds
• Toobeah Hall grounds
• Existing freehold houses in Toobeah

Individual freehold lots are not now and can never be, under law, subject to Native Title, as freehold tenure extinguishes Native Title.

Following complaints by a member of the public to various agencies, the process followed by Council has been thoroughly investigated independently.  The complaints were found to be baseless.