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 scenic island has appealed the decision saying it his right to do so under native title.

Quandamooka elder Darren Burns, who cleared land on south east Queensland's North Stradbroke Island to build his daughter a house, claims it was a traditional cultural activity as allowed under native title, exempting him from planning laws.

He is appealing in District Court a fine of $20,000 imposed by Brisbane Magistrates Court in February for clearing 2,900sq/m of protected vegetation at Point Lookout on North Stradbroke.

Redland City Council, who prosecuted Mr Burns for prohibited development, said in a statement it acknowledged and respected the site was under native title but the clearing had still been prohibited.

'Council takes the unlawful clearing of vegetation seriously and will continue to hold all persons accountable for the illegal clearing of vegetation,' a council statement said.

Lawyers for Mr Burns argue in his appeal that he was exercising his inherent rights under native title to take natural resources.

The appeal claims Magistrate Ross Mack erred in finding it was an illegal development and that Mr Burns was in fact conducting traditional Aboriginal land management practices by burning bushland for revegetation. 

They claim the subsequent regrowth on the area was not challenged in the earlier court hearing. 

'The appellant (Mr Burns) at no time contended that the ultimate construction of the proposed residence and later use of the land was either a traditional Aboriginal cultural activity or in exercise of any native title right which he had,' the appeal documents said.

'He conceded always that he would, after, require approval for any necessary construction but that he had, up until then, engaged in a traditional cultural activity.'

Mr Burns' lawyers have asked for their client to be acquitted or for the court to order a new trial.

Redland City Council declined to comment to the Courier Mail on the appeal as they said it was before the court. 

The appeal is set to be heard next month.