NATIVE TITLE IN THE NEWS DECEMBER 2014

DATE STATE SUBJECT SUMMARY SOURCE If the Western Australian cabinet agrees to a proposal from Terry Redman, remote Mining royalties may save WA’s Indigenous communities in WA may be saved from closure. Mr Redman proposes to The Guardian, , 31/12/2014 WA remote Indigenous use the $1bn Royalties for Regions fund to provide municipal services for 180 of the 31 December 2014 communities from closure state’s 275 remote Indigenous communities. The Australian Business Rutila Resources and Todd Corporation are negotiating with the Western Australian Review, Australia, Explorer in talks over Pilbara rail Government to construct a private railway, linking the Balla Balla Port with Flinders 30/12/2014 WA 30 December 2014 and port project Mine, near Tom Price. The project has received environmental approval and access Yahoo 7 Finance, Australia, from most native title participants, pastoralists and tenement holders. 30 December 2014 The Inquirer’s article states that the improvident issuance of ancestral land title is Ancestral land rights in the Philippine Daily Inquirer, 26/12/2014 Overseas occurring in Baguio City under the Indigenous Peoples’ Rights Act. The article makes Philippines Philippines, 26 December 2014 a plea to ensure that only bona fide ancestral land title claims are made Traditional Owners are seeking that Buru Energy leave Country. With approval from WA’s Department of Mines and Petroleum, Buru Energy is establishing a network of seismic lines and test fracking wells on Yawuru lands in the BURU Energy – Fracking on Canning Basin. Yawuru man Micklo Corpus comments that 'this was carried out in IC Magazine, USA, 21/12/2014 WA Yawuru Lands without fundamental breach of the Yawuru' rights because the company failed to properly 21 December 2014 Permission consult or gain Free, Prior and Informed Consent. Also, Robin Chapple MLC is calling for Buru’s fracking operations to be halted until a proper and thorough environmental assessment of its activities has been conducted.

1 This Al Jazeera article discusses the Productivity Commission’s ‘Overcoming Indigenous Disadvantage’ report, the National Freedom Summit for Aboriginal People and the planned sit-in at Canberra on 26 January 2015. The article references Sudan Vision, by Al Jazeera, 21/12/2014 Overseas A New Revolution in Australia commentators and activists such as Utopia resident Rosalie Kunoth-Monks, activist Sudan, 21 December 2014 Tauto Sansbury and National Congress of Australia’s First People board member Tammy Solonec. At a meeting in Brisbane today, Commonwealth, state and territory ministers responsible for native title continued discussions about improving the native title Indigenous.gov.au, Australia, 18/12/2014 Australia Native Title Ministers’ Meeting system. The meeting followed upon the decision of ministers to renew discussions 18 December 2014 about the operation of the Native Title Act in Darwin in August 2014. Djungan clan leaders are joined by the Greens and Katter’s Australian Party in a plan ‘It’s like spiritual genocide’: CSG to fight environmental impact of planned Coal Seam Gas extraction on land west of The Guardian, Australia, 17/12/2014 QLD miner faces fresh fight to drill Cairns. Djungan clan leaders say there was no ‘informed consent’ because 17 December 2014 Indigenous heritage site environment risks were not explained. The Koori Mail, Australia, The Olkola people of south-central Cape York were celebrating last week after pg. 26, 17 December 2014 Olkola celebrate return of 17/12/2014 QLD 739,000 hectares of ancestral country was returned to them as Aboriginal freehold National Indigenous Times, country land. The Olkola started negotiating for the return of lands nearly 30 years ago. Australia, pg. 14, 17 December 2014 The National Native Title Council has warned that if the Aboriginal Heritage Council warns on heritage The Koori Mail, Australia, pg. 5, 17/12/2014 WA Amendment Bill is passed by the Western Australian Parliament it will place changes 17 December 2014 protection of Aboriginal heritage in ‘serious peril’. Colin Barnett’s plan to forcibly The Chief Executive Officer of the Aboriginal Legal Services WA, Dennis Eggington National Indigenous Times, move First Peoples off their 17/12/2014 WA has labelled the push by the Western Australian Government to close down the Australia, pg. 7, Country is ‘ethnic cleansing’: majority of remote homelands as ‘ethnic cleansing’. 17 December 2014 Eggington The Pilki People of had their native title rights formally recognised Native Title rights of Western National Indigenous Times, in a decision handed down last week by the Federal Court of Australia. The 17/12/2014 WA Australia’s Pilki People formally Australia, pg. 13, determination granted the Pilki People exclusive possession Native Title for 24,400 recognised 17 December 2014 square kilometres of land in the Great Victorian Desert. The trauma of Oombulgurri’s National Indigenous Times, The process that was done in the community of Oombulgurri will be repeated with 17/12/2014 WA demolition will be repeated Australia, pg. 21, the Government’s plan to close 150 remote communities across the state. across Western Australia 17 December 2014 This article explains the process of native title from the point of view of Cabbage Native Title: Sorting through Tree Island native title applicants. It includes explanation about Indigenous Land Use ABC North Coast NSW, 16/12/2014 NSW the puzzle of a scrambled Agreements, the impact of lost knowledge on native title and the impact on the Australia, 16 December 2014 Aboriginal history community.

2 Green groups, Northern Land Council protest water The Northern Land Council and Northern Territory green groups have held a joint ABC News, Australia, 15/12/2014 NT allocations ahead of Supreme protest outside the NT Supreme Court. 15 December 2014 Court appeal Indigenous groups band Remote Indigenous communities in the Northern Territory have united to create the Yahoo 7 News, Australia, 14/12/2014 NT together to stop fracking on NT Frack Free Alliance, to oppose hydraulic fracturing projects on their land. 14 December 2014 their land The Guardian, Australia, 12 December 2014 The Australian, Australia, 12 December 2014 Brisbane Times, Australia, 12 December 2014 Business Insider, Australia, Australia’s largest native title On Thursday 11 December 2014, the Cape York land council lodged a claim on 12 December 2014 12/12/2014 QLD claim lodged for Cape York behalf of 9 traditional owners. The application covers over 14.6m hectares of land, BCC News Australia, Australia, Peninsula taking in all the areas of the cape not already under native title. 12 December 2014 Canberra Times, Australia, 12 December 2014 The Koori Mail, Australia, pg. 4, 17 December 2014 National Indigenous Times, Australia, pg. 13, 17 December 2014 In July 2014, the Federal Court accepted the submissions by the Ngadju People that Mining Weekly, Australia, 210 mining tenements, including many granted to Gold Fields, a subsidiary St Ives Gold Fields appeals St Ives 12 December 2014 12/12/2014 WA Gold Mining Company, were invalid because the right to negotiation requirement of native title ruling Ventures Africa, Africa, the Native Title Act were not upheld. Final orders were made on 21 November 2014 12 December 2014 and, on 12 December 2014; Gold Fields said it will vigorously pursue its appeal. This article discusses the Quandamooka people’s existing appeal to the High Court Quandamooka high court The Stringer, Australia, 12/12/2014 Qld and discusses the background and provides comments about the introduction of challenge 12 December 2014 legislation to potentially extend sand mining on North Stradbroke Island.

3 ABC PM, Australia, 11 December 2014 Australia Times, Australia, 11 December 2014 Scullion defends review as NT The Northern Land Council accused Senator Scullion of breaking an election promise Yahoo 7 News, Australia, traditional owners sound alarm not to review land rights laws in the Northern Territory. Senator Scullion made clear 12 December 2014 11/12/2014 NT on Northern Australia he does not want to amend the Land Rights Act but he does see some land councils ABC News, Australia, development as hindering the economic prospects for Indigenous people. 12 December 2014 News.net, Australia, 12 December 2014 ABC News, Australia, 13 December 2014 Yued elder confident Turquoise South-West Aboriginal Land and Sea Council CEO Glen Kelly said the agreement between the Yued People and Norwest Energy was a good result for the traditional ABC News, Australia 11/12/2014 WA Coast native title deal to 11 December 2014 protect iconic sites owners of the land. The agreement focuses on protection of agreed heritage sites, educational opportunities and permission for activities relating to oil extraction. Oilex gets state approval to Oilex has three 100% owned exploration areas encompassing approximately 11,900 convert its special prospecting square kilometres in the Canning Basin. Any future pipelines from the Canning Basin RigZone, Australia, 11/12/2014 WA authority to an exploration to the main export terminals at Port Hedland and Karratha would have to pass 11 December 2014 permit. through the newly approved Exploration Permit area. The Australian – National In a speech in Qld on Wednesday 10 December 2014, Warren Mundine said he Affairs, Australia, Warren Mundine: Treaty 11/12/2014 Australia would be writing to NSW Premier Mike Baird to request that the NSW Land Rights 11 December 2014 needed with each first nation Act be amended so that the Land Councils reflected traditional nations. Crikey, Australia, 15 December 2014 The Great Western Woodlands, ranging from the wheatbelt west of Kalgoorlie to Esperance and stretching toward the Nullarbor is the largest remaining area of Farming on Australia’s largest temperate woodland in the world. About 60% of the woodland is made up of The Guardian, Australia, 10/12/2014 WA woodland ‘would release 40m unallocated crown land, which is covered by native title. The governing body of the 10 December 2014 tonnes of carbon’ area’s Indigenous Land Use Agreement has not yet been formally established and, therefore, traditional owners have not yet been consulted. Queensland Government Department of Natural Resources and Mines - News, The Federal Court of Australia today formally recognised the Gunggari People's Australia, 8 December 2014 Gungarri People’s native title 08/12/2014 Qld native title rights and interests over 136 square kilometres of land and waters in PSNews Online, Australia, rights recognised south-west Queensland. 11 December 2014 National Indigenous Times, Australia, pg. 13, 17 December 2014

4 Marlpa Aboriginal Corporation celebrates 20 This article discusses a commemorative book marking 20 years of YMAC, which sets Perth Now Sunday Times, 08/12/2014 WA years, telling the story of out the story of former NAIDOC female elder of the year Doris Eaton Australia, 8 December 2014 Pilbara elder Doris Eaton After more than a year of drafting, based on updated legislation, modernised wording and extra conditions, updated leases were challenged on the basis that WA Pastoralists receive new there was a lack of consultation between the government and industry. However, in ABC Rural, Australia, 08/12/2014 WA pastoral leases light of the possibility of triggering a future act, and on the basis of legal advice, the 8 December 2014 Pastoralists and Graziers Association is suggesting that pastoralists sign their original leases. In the 12-day conference in Lima, Indigenous organisations are demanding that UN “Indigenous Peoples are the member states include indicators on biodiversity, the health of native peoples, land Upside Down World, Latin 07/12/2014 Overseas Owners of the Land” say titling, and ancestral knowledge in the reports on safeguards that they have to America, 7 December 2014 activists at COP20 in Peru present to the United Nations Framework Convention on Climate Change. Gunggari people to be granted The Federal Court granted the Gunggari people native title over a parcel of land in ABC Indigenous, Australia, 05/12/2014 QLD native title over land along Queensland's southern inland. The determination covers more than 14,600 hectares 5 December 2014 Maranoa River along the Maranoa River and its tributaries.

Barnett strips dreaming of The Swan River faces losing Aboriginal heritage protection under a controversial Fremantle Herald, Australia, 05/12/2014 WA heritage status interpretation of the Aboriginal Heritage Act 1972 by the Barnett government. 5 December 2014

Park rangers join forces with The Weetapoona Aboriginal Corporation and the Tasmania’s Parks and Wildlife Yahoo 7 News, Australia, 05/12/2014 TAS Bruny Island Aboriginal Service are joining forces on land management and economic opportunities in 5 December community on land care south-eastern Tasmania. Yahoo 7 News, Australia, About 30 traditional owners and family members drove over 1400km to Darwin to 4 December 2014 protest mining on their lands. Conrad Rory, a Yanyula and Garrawa man said the National Indigenous Times, Traditional owners target 04/12/2014 NT MacArthur River Mine near his community was having a detrimental impact on the Australia, pg. 7, Minerals Council tidal river, with 90 per cent of fish caught downstream of the mine exceeding 10 December 2014 maximum permitted concentrations of metals and isotopes. The Koori Mail, Australia, pg. 6, 17 December 2014 Aboriginal people began to move back into remote communities or outstations on their traditional lands in the early 1970s. This move has been largely supported by The Monthly, Australia, 04/12/2014 WA Gathering storm: Blog federal governments since 1973. Then why, after more than forty years is Western 4 December 2014 Australian Premier Colin Barnett planning to close 150 of his state’s communities?

5 Yahoo 7 News, Australia, 4 December 2014 Brisbane Times, Australia, 4 December 2014 The West Australian, Australia, 4 December 2014 ABC AM, Australia, Aboriginal group takes Newman The Mithaka people of Queensland’s southwest say they’ve asked the UN’s Special 4 December 2014 Government to United Nations Rapporteur on the Rights of Indigenous Peoples to investigate the Queensland 04/12/2014 QLD News.com.au, Australia, over fracking in the Lake Eyre government’s ‘ongoing failure’ to consult with them about oil and gas exploration 4 December 2014 Basin and fracking on their lands. Echo Netdaily, Australia, 5 December 2014 National Indigenous Times, Australia, pg. 9, 10 December 2014 The Koori Mail, Australia, pg. 13, 17 December 2014 The Koori Mail, Australia, pg. 19, 3 December 2014 National Indigenous Times, Australia, pg. 5, The Minister for Aboriginal Affairs and Reconciliation, Ian Hunter has proposed 3 December 2014 amending the Anangu Yankunytjatjara Land Rights Act 1981 (APY Act) PSNews Online, Australia 03/12/2014 SA APY concerns spark action to give him powers to suspend the APY Executive Board and appoint an 4 December 2014 Administrator. Mr Hunter said the changes were "in response to ongoing and National Indigenous Times, escalating concerns over the governance and administration of the APY". Australia, pg. 1, 10 December 2014 The Koori Mail, Australia, pg. 9, 17 December 2014 The president of the Northern Territory Farmers Association admits he is weary of politicians talking of visions, dreams, food bowls and endless fields of rippling irrigated crops planted from Cairns to Karratha whenever debate turns to developing northern Australia. The ANZ Bank’s economic research team found A wet season road to the deep The Australian - News, 03/12/2014 Australia forecasts of land and water availability in northern Australia had been grossly over- north Australia, 3 December 2014 estimated, that dreams of a future food “dining boom” replacing the financial returns of the dwindling mining boom for the nation were farcical, and that large- scale new irrigated cropping schemes in the north would not be profitable for at least another 20 years.

6 Constitutional law expert George Williams says Indigenous people will have no The Australian – National Indigenous communities ‘have 03/12/2014 Australia rights to fight the forced closures of their remote townships if the South Australian Affairs, Australia, no right to fight closures’ and West Australian governments can no longer afford to maintain their upkeep. 3 December 2014

The Quandamooka people have lodged a native title claim in the federal Court for Koori Mail, Australia, pg. 31, 03/12/2014 QLD Quandamooka seek native title parts of Mulgumpin (Moreton Island) in Queensland. 3 December 2014

The recent Central Land Council meeting at Alpurrurulam ended without the Koori Mail, Australia, pg. 28, 03/12/2014 NT Nuclear dump rejected traditional owners nominating a site for a nuclear waste management facility. 3 December 2014

The Barnett Government of WA has been condemned for forcing thousands of Government blasted for closure Koori Mail, Australia, pgs. 8, 23, 03/12/2014 WA people from their homes and homelands due to its plan to close up to 150 remote plans 3 December 2014 communities.

NSWALC welcomes gas plan Last week, the NSW Aboriginal Land Council welcomed changes to the NSW Gas Koori Mail, Australia, pg. 7, 03/12/2014 NSW changes Plan that protects its interest in becoming a gas miner. 3 December 2014

About 400 Gomeroi people from NSW have joined an anti-gas protest in Narrabri Koori Mail, Australia, pg. 7, 03/12/2014 NSW Anti-gas protest in Narrabri NSW to protest the NSW Government’s gas plan and mining company Santos’ 3 December 2014 Narrabri Gas Project in the Pilliga forest. Last month more than 70 traditional owners travelled from the Kimberley, Western WA delegation fights for Desert, Yamatji and South West to the WA Parliament to show the State Koori Mail, Australia, pg. 5, 03/12/2014 WA heritage government that Aboriginal heritage and culture is still alive and strong and cannot 3 December 2014 be destroyed. Dodson’s dire warning: close Eminent Elder Patrick Dodson has said the proposal to close 150 communities will National Indigenous Times, communities and our People 03/12/2014 WA make Aboriginal People refugees in their own country and threaten ancient living Australia, pg. 11, will be refugees in their own cultures. 3 December 2014 country National Indigenous Times, ACCC investigates heritage The ACCC is now investigating allegations of ‘cartel conduct’ by mining companies 03/12/2014 Australia Australia, pg. 13, survey industry and Aboriginal heritage service providers. 3 December 2014

The WA Minister for Aboriginal Affairs, Peter Collier, proposed "modest changes" to New Regime for Aboriginal PSNews Online, Australia, 02/12/2014 WA ensure Western Australia's Aboriginal heritage could be properly protected more Heritage 2 December 2014 effectively and efficiently.

7 The Mandarin, Australia, 2 December 2014 Koori Mail, Australia, pgs. 1, 5, In his Social Justice and Native Title Report, Mick Gooda says the transfer of 3 December 2014 Mick Gooda is worried the responsibility for 26 programs from eight federal agencies to the Prime Minister’s National Indigenous Times, centralisation of Aboriginal Department has caused “immense anxiety” among Indigenous Australians. The Australia, pg. 7, 02/12/2014 Australia policy has set back work. A drastic machinery-of-government changes have brought about 2000 new employees 3 December 2014 report from the government’s into the Department of Prime Minister and Cabinet, along with responsibility for PSNews Online, Australia, commissioner is sobering. over 150 separate initiatives and services, some 3000 funding contracts and 5 December 2014 relationships with about 1440 organisations. The Conversation, Australia, 15 December 2014 Christian Today, Australia, 17 December 2014 Indigenous academic Marcia Langton says the Abbott government is failing The Australian – National Marcia Langton lashes out at Aboriginal people by refusing to endorse a new tax-exempt future fund under which 02/12/2014 WA Affairs, Australia, future fund silence native title payments could be spent on business and economic development in 2 December 2014 impoverished communities. As iron ore price plunges, In her key speech at an Indigenous business conference at the University of Western Marcia Langton urges Australia, Marcia Langton discussed the plunging price of iron ore and urged ABC News, Australia, 02/12/2014 WA Aboriginal businesses to Aboriginal businesses involved in mining to urgently diversify into oil, gas and 2 December 2014 diversify construction.

The vast quantities of land held in trust for is testament to the failure of governments to force the issue of Aboriginal opportunity, the West Australian opposition says. State Labor indigenous affairs spokesman Ben Wyatt will The Australian – National Land trust ‘failing Aborigines’, 01/12/2014 WA tell the Indigenous Business, Enterprise and Corporations Conference to be held at Affairs, Australia, says Ben Wyatt the University of Western Australia in Perth this week that divesting some of the 24 1 December 2014 million hectares — about 10 per cent of the state — held by the Aboriginal Lands Trust is needed to allow some communities to benefit from economic opportunities.

Fred Chaney, retiring In his speech, Fred Chaney stated ABC News, Australia, Reconciliation Australia head, "I think there's an enormous challenge in getting us away from a totally 1 December 2014 01/12/2014 Australia hopes future Indigenous assimilationist mindset and understanding that a continuing part of Australia is The Australian – National policies will not threaten the Aboriginal tribes and nations that are such an important ongoing part of the Affairs, Australia, 'world's oldest living cultures' fabric of Australia.” 2 December 2014

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