Miriuwung Gajerrong leaves uncertainty

Eight years and $10 million provides few answers.

The long awaited Miriuwung Gajerrong High Court decision over native title in the East Kimberley has left all sides scratching their heads.

Most agree that the decision clarifies little and the parties have been left to negotiate a settlement.

The claim has now been directed to a hearing before the full Federal Court to determine specific rights.

The WA Farmers Federation pastoral section president Bill Radford said there was no clarity as to where pastoral leaseholders stood.

The granting of a pastoral lease extinguished native title to control access or the use of land but other native title rights may remain.

One Nation national president John Fischer has described the findings as a 'disgraceful mishmash'.

The case has cost over $10 million and Mr Fischer claims it is quite clear that the real winners are the army of lawyers who live off both sides of the conflict.

The principal conclusions of significance were:

* That pastoral leases extinguished any native title right to control access to land.

* The evidence establishes no native title right to, or interest in, minerals or petroleum. It remains to be seen, through fuller consideration of the Reasons for Decision whether this carries the consequence that native titleholders have no control over mining proposals.

* As to whether the Ord project extinguished native title, the High Court did not necessarily endorse the Full Federal Court's conclusion that, as to the geographic or economic entity, it wholly extinguished native title.

* A majority at least, of the High Court, decided that reference to the Ord project as a geographic or economic entity was not of assistance, and that determination of some of the issues raised in relation to land connected with that project will require further findings of fact by the Full Court.

The State Government claims the High Court's ruling clarifies the law and provides greater certainty to people involved in native title negotiations.

Premier Geoff Gallop said the decision was lengthy and would take some time to properly analyse.

But the court had ruled that native title did not exist in relation to minerals and that native title could coexist on pastoral leases - two key points supported by the WA Labor Government.

Dr Gallop said one of the first acts of his government was to amend submissions to the High Court by the former State Coalition Government.

ATSIC commissioner Eric Bedford said the judgement that native title continues to exist on pastoral and mining leases, was a costly step forward.

He said the judgement clearly demonstrated that native title resolutions should be negotiated - not litigated.

"Since the original 1998 trial, we have essentially gone around in circles with one judge ruling that rights over pastoral leases exist, another case ruling that any fencing extinguished these rights, and the latest judgement finding that native title rights can co-exist with pastoral leases," he said.

"This demonstrates the futility of this case which has, to date, cost more than $10 million. It is shocking because the principal of co-existence had already been established in Wik in 1998.

The ruling comes more than seven years after the original application in 1994, which sought recognition over an area of approximately 8000 kilometres of land. The land is situated in the East Kimberley and partially in the Northern Territory.

"We are the first owners and we should be dealt with as such," Mr Bedford said.

Local Aboriginal activist Robert Hannan said the claimants remained defiant.

He accused the land councils of opportunism and described them as predatory.

Claimant Ben Ward said: "The government should make it more simpler for people to live simply out in the bush because we're the one who pays the tax bill; we work out there.