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After nine years of litigation and recent negotiation the native title rights in parts of the East and West Kimberley have finally been defined. The Federal Court has ratified an agreement between stakeholders in the Miriuwung Gajerrong claim and settled the Wanjina Wunggurr Wilinggin claim (see story page 3). The agreement provides Aboriginal people with full native title rights over some parts of the claim area. These include Lacrosse and Kanggurryu Islands, Glen Hill Station, Hagan Island in Lake Argyle and some areas within the Kununurra town site. In other areas where native title is recognised, native title rights are subject to pre-existing interests including rights under a pastoral or mining lease, rights of licence-holders and public rights to fish. In those areas the rights and interests of Aboriginals include rights to conduct ceremonies, care for and maintain sites of significance, enter and remain on the land and waters and take fish, flora, water and ochre. |
The agreement also provides for the Aboriginal people to receive a proportion of the proceeds of the sale of land in the Kununurra town site, in exchange for their giving up their rights over that area. This will now pave the way for more housing development. The agreement recognises that native title has been extinguished over the remaining areas as a result of the decision by the High Court. The State Government previously committed to transferring in freehold 50,000 hectares of land at Yardungarrl and Acting Premier Eric Ripper reaffirmed this promise after the Federal Court hearing conducted in White Gum Park in Kununurra on Tuesday morning. Mr Ripper also presented a cheque for $5000 to the Language Centre. The court was told that under the agreement existing rights of property owners, leaseholders and infrastructure were protected. There was some concern that no body corporate had been set up to manage native title areas and negotiations for removal of title. |
The agreement is seen as a precedent that will influence 550 native title claims currently being processed around Australia. A large crowd turned up in White Gum Park, sheltering under a hotchpotch of shade covers, a marquee and trees to observe the Federal Court in session. Numerous tribal elders, leaders, Mr Ripper, Shire President Barbara Johnson, Local Member Carol Martin, Kimberley Land Council executive director Wayne Bergmann and others addressed the gathering at the conclusion of the court hearing. There was also a traditional welcome, traditional dancing and lunch. The claim involves traditional owners who speak for country, which includes that known as Miriuwung, Yirralalem, Ngamoowalem, Wiram, Yardanggarlm, Nganalam Mandangala, Gajerrong, Doolboong, Wardenybeng, Kija and Balangarra. |