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On Tuesday, the Federal Court handed down another major Kimberley land claim decision. It was the Wanjina Wunggurr Wilinggin claim covering more than 60,150 square kilometres of land - roughly the size of Tasmania. It is the largest native title claim to come before a court for determination. Justice Sundberg has issued a draft determination, which will require further submissions from the parties before it is finalised. Deputy Premier Eric Ripper said the Government was still studying the 400-page decision to determine the extent of the rights recognised and exactly where they applied in the claim area. The final outcome of the decision may therefore not be known for some time. The Gibb River Road is the main access route to the claim area, which is made up primarily of Aboriginal and non-Aboriginal pastoral leases, vacant crown land and Aboriginal and public purpose reserves. |
It also affects El Questro Station. Kimberley Land Council executive director Wayne Bergmann said of the court's decision: "These are the highest possible findings of native title at Australian law. "This recognition is a great outcome for the Wanjina Wunggurr Wilinggin traditional owners. "Today's formal acknowledgement of Australia's living indigenous history is a proud day for all Western Australians and Australians," he said. However, Mr Bergmann did not have the same praise for the State Government. He said Monday's strong Federal Court decision highlighted the shortcomings in the State's approach to settling native title claims. "It is not good enough to require traditional people, with such strong and clear continuing connection to country, to have to justify themselves in court. |
"The State's position is many miles away from anything reasonable," he said. El Questro owner Will Burrell was surprised at Mr Bergmann's enthusiasm for the decision. Mr Burrell welcomed the clarification for pastoralists on their position. He said the decision confirmed that pastoralists' rights would prevail over native title. "The rights of traditional owners have been slightly reduced - they are not allowed to hunt and gather on previously developed areas but they can camp and visit sites," Mr Burrell said. He was also pleased that Aboriginal people would not be able to carry firearms on pastoralist's land, even if those firearms were registered. Any hunting and gathering would be restricted to traditional methods. |