Two of the most outstanding claims under the Aboriginal Land Rights (Northern Territory) Act 1976, each dating back to the 1970s, have been put to rest. At Yarralin, title deeds to more than 50,000 hectares of land were handed to Aboriginal Traditional owners on 14 June; a week later at Mandorah, the Kenbi land claim was finally realised when the Prime Minister handed over title deeds. Full coverage of both events from page 4

An accidental land claim

HEED THE DEED: Traditional Owners display the title deeds to the Yarralin and Kenbi land claims – George Campbell at Yarralin on 14 June, and Raylene Singh at Mandorah on 21 June. 2 Land Rights News • Northern Edition July 2016 • www.nlc.org.au

The Northern Land Council, over its 40 year recognised that they were fundamentally history, has often been at loggerheads with necessary for the efficient running of our controlling Ministers; but relations with organisation. I can only hope that Senator CLP Senator Nigel Scullion, reappointed Scullion does not penalise us further in this this month as Indigenous Affairs Minister, new financial year. have set a new, low benchmark. On a brighter note, I was delighted to be I endorse the call by our CEO Joe present at ceremonies last month to mark A word from Morrison for Prime Minister Malcolm the handover of title deeds to the Yarralin Turnbull to replace Senator Scullion. He and Kenbi land claims, both of them dating has been a divisive force; on his watch, back to the 1970s. The management of the administration of Indigenous affairs logistics for both occasions was a tribute has never been worse, and I am deeply to the hard work of many NLC staff, and I disappointed that Mr Turnbull has seen fit thank them for that. to reappoint him. This year’s 40th anniversary of the passing the Chairman Senator Scullion has tried to isolate Joe of the Aboriginal Land Rights Act will Morrison by criticising him for having made culminate in a joint meeting at Kalkarindji a submission to a Senate committee on next month of the Northern Territory’s behalf of the NLC, “without the knowledge land councils. The NLC’s Full Council of NLC members”. But that criticism will attend, in recognition also of the 50th misrepresents the role of the CEO: he and anniversary of the Wave Hill walk-off. the administration are charged with making all sorts of submissions, including to Senate There was more good news last month from committees. the Federal Court, which has decided that a “right to trade” exists within the bundle of Joe Morrison continues to have my total native title rights at Borroloola, and I look and unqualified support – and that of the forward to a ceremony there next month to NLC Executive and Full Council. He has mark the court’s determination. bravely voiced reservations about Senator Scullion’s performance held by many Also last month, the NLC co-hosted (with other Indigenous bodies, some of them too the Australian Institute for Aboriginal and intimidated to speak out - lest they, too, Torres Strait Islander Studies) the annual suffer the Minister’s wrath and have their Native Title conference, held in Darwin funding cut. in recognition of the Land Rights Act anniversary. The conference was a big Senator Scullion is all-powerful: he success, and I was pleased to attend with the effectively determines the budget other members of our Executive Council. allocations for a huge swathe of Indigenous organisations and many have already Finally, I remind Aboriginal people in our suffered through his oversight of the region about the NLC elections. They are Indigenous Advancement Strategy. held every three years and nominations close at the end of July. The new Council The NLC’s functions under the Aboriginal will meet in mid-November. Land Rights Act are funded out of the Aboriginal Benefits Account (ABA), SAM BUSH-BLANASI and Senator Scullion controls that as Chairman well. Already this year he has knocked back applications by the NLC to fund projects recommended by his officials who

Sacred Sites Act Review: A Missed Opportunity

The Northern Land Council has dismissed the NT government’s review of the Northern Territory Aboriginal Sacred Sites Act (NTASSA) as “a shoddy piece of work” that missed “a great opportunity to achieve progressive reforms”.

The review was born out of the Giles’ the Labor Party Opposition for its “previous “The NTASSA and hence the Authority are the Minister to issue a Certificate, not government’s dissatisfaction about how … claims the government was planning to a part of the Territory’s land administration recommending measures such as mandatory the Aboriginal Areas Protection Authority scrap the AAPA”. system. The Authority is given the sacred site clearances for major works, and (AAPA) was dealing with the proposal to independence necessary to carry out its not simplifying prosecutions for damage “This is just another Labor scare functions but is accountable to the Territory extend the Ord Stage 3 irrigation scheme to sacred sites along the lines of other NT campaign,” she said. “In fact the review Government. into the Northern Territory, and out of threats legislation. identifies ways that AAPA can be by Local Government and Community “The Land Councils are independent strengthened and its process streamlined for Further, the list of stakeholder negotiations Services Minister Bess Price to sack the statutory authorities established by the a more efficient working environment.” appended to the review suggests that no board of AAPA. Commonwealth to assist traditional custodian groups were consulted. Mr Morrison said the review was Aboriginal owners, Native Title holders and “This exercise was tainted from the start affected Aboriginal communities to secure “atrociously” written: “It’s so sloppy “There’ve been two well-publicised and has given rise to the review containing and manage their land, most of which is that meaning is often obscured by poor prosecutions by AAPA for damage to sacred misleading parts, including unjustified held under forms of communal title. The expression.” sites – at the Bootu Creek manganese political attacks on land councils,” NLC land council’s [sic] primary function is to mine and at Judburra National Park,” Mr CEO Joe Morrison said after the review was This small excerpt is just one example of carry out their clients [sic] wishes regarding the management and use of their land. Morrison said. “The respective custodian released on 13 July. It had been delivered to the muddled writing that litters the review: This regularly involves entering the political groups could have offered valuable insights the government nearly three months earlier. “The ALRA (Aboriginal Land Rights Act) domain to advocate on behalf of their from their experiences, but there is no The review was announced by Minister establishes that sacred sites are protected clients. evidence in the review that they have been and sets the parameters for complimentary Price, in July last year. The terms of “Land Councils invoke the Whitlam consulted. [sic] Territory legislation. The Frazer [sic] reference were finalised by the Department Government’s ALRA as the authority for Government’s approach when drafting the “This has been a disappointing exercise, of Chief Minister, and a contract was a major role in the carriage of functions ALRA to give the new Territory Legislative and brings no credit to the government, its awarded to PricewaterhouseCoopers’ under the Territory’s sacred sites legislation Assembly powers to make laws to highly-paid consultants and its approach Indigenous Consulting unit - 49% owned but the case for a separate Territory entity, protect sacred sites was informed by the towards including Aboriginal Territorians’ by one of the world’s big four consulting responsible to the Territory Parliament, is constitutional precedent that the making of unique culture and heritage into the future conglomerates, PwC. compelling.” laws for the administration and development planning of the Northern Territory,’ Mr Announcing the release of the review, of land is a state not a Commonwealth Mr Morrison said the review missed Morrison said. responsibility. Minister Price took the opportunity to attack an opportunity to strengthen the Sacred Sites Act by not removing the right of July 2016 • www.nlc.org.au Land Rights News • Northern Edition 3 PM reappoints Scullion Myles Morgan, NITV journalist: Prime Minister, you said it was so important to consult with Indigenous people before making decisions to Indigenous people. Did you consult any Indigenous people before reappointing Nigel Scullion as Indigenous Affairs Minister? Prime Minister Malcolm Turnbull: Well, Nigel has been doing an outstanding job ah as Indigenous Affairs Minister. I’m delighted that he’s, he’s continuing in that role, and I have, I have met with ah many Indigenous people, including recently the ah handover, or the conclusion if you like, the handover of the title deeds to the Kenbi land claim in Darwin not so long ago which I think many of you were present at. From a press conference at Parliament House, Canberra, 18 July 2016

rime Minister Malcolm Turnbull and the announcement of a positive land has reappointed Northern Territory rights policy during the election - hardly the P CLP Senator Nigel Scullion as his action of a Minister who is opposed to land Indigenous Affairs Minister, and claimed rights.” to have consulted Indigenous people during The Liberal Party’s Coalition policy the Kenbi handback ceremony at Mandorah platform (36 policies are listed on the four weeks before he announced his new party’s website) and the National Party’s Cabinet line-up. policies (33 listed) are silent about land Mr Turnbull spent nearly four hours at rights. So, too, are the Country Liberals, but the Kenbi ceremony on 21 June. He was Senator Scullion did say at a land handover constantly in the company of Senator at Santa Teresa on 6 June that “the Turnbull Scullion, NT Chief Minister Adam Giles, Coalition is absolutely committed to the NLC Chairman Samuel Bush-Blanasi recognition of land rights”. and CEO Joe Morrison; neither Mr Bush- Senator Scullion was appointed Minister Blanasi nor Mr Morrison witnessed any for Community Services by Prime Minister consultation about Senator Scullion’s John Howard in January 2007. With to appear before the Senate Finance and a chilling message: don’t mess with the ongoing role. Indigenous Affairs Minister Mal Brough, Public Administration Committee where Minister, or else he’ll shoot the messenger.” Later, on 12 July, Mr Morrison wrote to he had a central role in the infamous federal Mr Morrison was grilled (especially by the Mr Morrison called on the Prime Minister Mr Turnbull urging him to reconsider who Intervention into the Northern Territory. Chair, Liberal Senator Cory Bernardi, and to replace Senator Scullion, because he should be Minister for Indigenous Affairs, National Party Senator Bridget McKenzie) was “not up to the job”. He recalled Senator Scullion was appointed about the NLC’s operations. because Senator Scullion’s performance Indigenous Affairs Minister by Prime the Senator’s maiden speech: “In that had been ”profoundly disappointing”. Minister Tony Abbott in September 2013, Senator Scullion would later dilute his speech, he (Scullion) said that since the “It was never a good look that a member of and his relationship with the Northern Land attack on the powers of land councils introduction of the Native Title Act, the the Northern Territory Country Liberal Party Council quickly soured. and late last year the Senate approved an Northern Territory had a double whammy – amendment to the Land Rights Act which two Commonwealth acts which dealt with should be the Commonwealth Minister for He had come to the job determined to have Indigenous Affairs,” Mr Morrison wrote. was more palatable to the Northern and essentially the same issues. If the Native the Senate pass regulations which would have Central land councils. The new legislation Title Act was good enough for the rest of “The CLP has a long history of outright enlivened amendments to the Land Rights would still empower local Aboriginal Australia, then it should be good enough for hostility to land rights and to the two Act (passed by the Howard Government in corporations, but removed the Minister’s the Northern Territory,” Mr Morrison said. mainland Northern Territory Land Councils 2006) and enabled land council powers to role as decision maker. in particular. Senator Scullion’s alignment be devolved to local, largely unaccountable, “How about turning Senator Scullion’s with the National Party gives rise to the Aboriginal corporations; further, Minister At the NLC Full Council meeting in proposition around? If the Land Rights Act perception of a return to the 1960s and early Scullion would have supplanted the role of Ngukurr on 19 May this year, Senator is good enough for the Northern Territory, 1970s, when the Country Party, antipathetic land councils and put himself as ultimate Scullion announced that he would use why isn’t it good enough for the rest of to Indigenous interests and especially to land decision maker. money from the Aboriginals Benefit Australia? Account to fund those local corporations, rights in the Northern Territory, determined In early 2014, the NLC successfully “Senator Scullion knows that the Native the course of Indigenous policies for “to pursue local decision making through a Title Act, by comparison, offers only a lobbied Labor and Green Senators to have delegation of land council functions”. Coalition governments.” the Senate disallow Minister Scullion’s fragile bundle of rights that can be readily Mr Morrison directed the Prime Minister regulations. Scullion was furious, and At the same meeting, Senator Scullion extinguished. Native Title, he knows, has to Senator Scullion’s maiden speech on obscenely abused the NLC Chairman, went out of his way to drive a wedge between never given Traditional Owners the same 13 February 2002, when he said: “The Deputy Chairman and the CEO, Joe Joe Morrison and council members. right of veto over development of their Aboriginal land act [sic] is an ill-considered Morrison, in the privacy of his ministerial He was upset that the NLC had made a lands by third parties, as the Land Rights piece of legislation that became law in office. submission to a Senate inquiry into his ill- Act allows. the Northern Territory in 1976 because Mr Morrison addressed Senator fated Community Development Program “That lies at the heart of Senator Scullion’s Territorians had no choice in the matter.” Scullion’s record as Indigenous Affairs (CDP) – his work-for-the-dole scheme that abiding scorn for our Land Rights Act, The new Senator continued: “Whilst I am Minister in a speech to the National Press would require (Aboriginal) adults between and I know that he would undo in a trice, sure that the social debris from the collision Club on 11 February last year: “From our 18 and 49 years to undertake work-like if he could, all the benefits that the Act between a Stone Age culture and modern perspective, the Minister’s influence within activities for up to 25 hours per week; he has delivered to Aboriginal people in the times is not going to be cleaned up through the Government is completely inconsistent said Mr Morrison’s “representations or Northern Territory. implementing just one or two ideas, I with the goodwill which underpinned the misrepresentations” to the Senate committee ‘We have a Minister who measures his suspect that the special Aboriginal freehold (Aboriginal Land Rights) Act’s original had been made without the knowledge of own success by the number of communities title issued to indigenous Territorians under intent … and the stated desire of the Abbott council members. he’s visited, a minister who sees his job the current legislation (the Aboriginal government to work constructively with At the National Native Title Conference as a project officer, micro-managing and Land Rights [Northern Territory] Act Indigenous Australians to better their future. in Darwin on 2 June, Mr Morrison said meddling in the minutiae of all matters 1976) is a sad comparison with the real “It is no accident that Senator Scullion is Senator Scullion’s criticism of the Senate Indigenous. freehold title enjoyed by other Australians. the first Federal politician from the Northern submission was “sheer mischief … and “I believe that these are bleak times in The nature of the tenure of this land is a Territory in any Coalition Government to demonstrated an ignorance on his part of the history of Indigenous affairs. In fact, principal impediment to development and serve as Minister for Indigenous Affairs. usual practice and process within the NLC. they’ve never been bleaker than under the economic self-determination that will No other Government has seen fit to ignore “No matter that on this occasion, like Senator Scullion’s watch, when Aboriginal surely follow.” the political history of the Territory and many others, we were exercising our and Torres Strait Islander affairs were folded Now Senator Scullion says he is not allow the CLP to get its hands on the land democratic right – indeed, exercising our into the Department of Prime Minister and opposed to land rights. rights machinery. statutory function – by being a legitimate Cabinet.” In a statement to the ABC on 19 July, the “And it seems clear to us that the Senator part of the parliamentary process and public Senator Scullion responded by labelling day after his reappointment as Indigenous is pursuing an Indigenous policy agenda debate.” Mr Morrison as “cranky” and his speech as Affairs Minister, Senator Scullion’s of the Country Liberal Party, rather than Senator Scullion, said Mr Morrison, a “rant”. office said in a statement: “The Minister's the broad-based Coalition policy approach would “brook no opposition to his policies, The Senator was just as sniffy after Mr commitment is demonstrated by the enunciated by Prime Minister Tony Abbott.” no matter how flawed they are … and, Morrison criticised his reappointment on four land grants delivered to Aboriginal A few days after Mr Morrison’s National though his divide-and-rule tactic did not go 18 July as Indigenous Affairs Minister. He traditional owners over the past two months Press Club address, the NLC was summonsed down well with the Full Council, it did send dismissed Mr Morrison as “a functionary”. 4 Land Rights News • Northern Edition July 2016 • www.nlc.org.au

Kenbi Handback Around 1000 people gathered on 21 June on the foreshore at Mandorah, a ferry ride across the harbour from Darwin, to witness the handover of title deeds to the Kenbi land claim – more than 37 years after the Northern Land Council lodged the claim with the Aboriginal Land Commissioner.

Lyons group – Raylene, Zoe, Jason and with the Belyuen group, the Larrakia The Prime Minister, Mr Malcolm Turnbull, handed over the deeds, Kathleen, and more broadly the Belyuen people, the Government, and the broader packaged in paperbark harvested on Cox Peninsula the day before, people and all Larrakia people. community to help secure the agreement. from what is now Aboriginal land. What followed Justice Grey’s report was a Can I thank all parties for their good Organising the ceremony was a huge logistics job for NLC staff. Ferries 16-year settlement, the terms of which are faith negotiations, which have ultimately and buses were chartered to transport invitees to Mandorah. A bough finally agreeable to all parties, especially resulted in a settlement which will benefit shelter was built to display a series of illustrated panels which traced the the Traditional Aboriginal Owners, the the Belyuen group and future generations Belyuen group. of Larrakia people. long history of the land claim. Those attending were able to sit under the shade of big marquees erected for the occasion, and lunch was provided Through all of this, over 37 years, you and It has been 40 years since the Land Rights for all. your families never gave up. The Kenbi Act and 50 years since the 1966 Wave Hill Land Claim was a hard fought land rights walk-off triggered movements locally and Mr Turnbull and his entourage travelled by ferry from Cullen Bay at battle. But it represents so much more nationally amongst Aboriginal people for 9.30am with NLC Chairman Samuel Bush-Blanasi, Deputy Chariman than a battle over land. It is a story that land rights and representation. It has been Wayne Wauchope and Chief Executive Officer Joe Morrison. He left epitomises the survival and the resilience even longer since the 1963 bark petition Mandorah by ferry back to Darwin at 1.30pm. of our First Australians, the survival and challenged the Government to find a just the resilience of the Larrakia people. answer for the Yolngu people of Arnhem Land. Before the official ceremony, the Prime Minister met with Aboriginal For you are the land and the land is you. Traditional Owners from the Tommy Lyons Group. We continue to address challenges that This is both a celebration and a confront us daily of poor outcomes for commemoration – a day to celebrate what Here is an edited transcript of his speech on the day: our First Nations peoples – the persistent has been achieved but also to remember gap that we seek so desperately to close in what has been lost. Today I pay our health and social outcomes. We must work oday we formally recognise what of the Land Rights Act. respects to your elders, your old people, Larrakia people have always known together if we are to see our First Nations I recognise that the journey towards this who fought so hard but passed on before T – that this is Aboriginal land; that peoples have equality of opportunity. settlement has been a long and difficult their land could be rightfully returned to this is the lands of the Larrakia people. one, ever since the land claim over this them. Yet, we must not fail to appreciate what is being achieved in the face of adversity. I acknowledge that Larrakia people have Cox Peninsula was officially lodged on I also acknowledge this claim and other cared for this country for tens of thousands the 20th of March 1979 – 37 years ago. claims near Darwin and over Darwin Already more than 40 per cent of of years. That your songs have been sung There have been three Federal Court and have been contested and have not all been since time out of mind and those songs Photo above: Traditional Owner Raylene two High Court challenges. There were resolved in a way that some would have Singh holds aloft the title deeds to the have held and passed on the knowledge five Land Commissioners who examined hoped. Kenbi land claim after their presentation of your customs, your traditions, your lore this claim and who twice reported on the by Prime Minister Malcolm Turnbull. and I pay my deepest respects to you and I want to acknowledge the Northern Land way forward. Council Chairman, Samuel Bush-Blanasi, From left, NLC Chairman Samuel Bush- your elders past and present. Blanasi, Prime Minister Turnbull, NT Chief Finally, Justice Peter Gray found in 2000 and Chief Executive Officer Joe Morrison Miinister Adam Giles, Federal Indigenous Today marks a historic day in the that there were six persons recognised who have spoken so eloquently this Affairs Minister Nigel Scullion (holding the settlement of one of the most complex as Traditional Owners and I recognise morning, and the representatives of the paperbark which wrapped the deeds) , and protracted land claims in the history here today the members of the Tommy Northern Land Council who have worked Raylene Singh and her sister, Zoe. July 2016 • www.nlc.org.au Land Rights News • Northern Edition 5

Australia’s land mass has been the subject of a successful land rights or native title claim. Kenbi Land Claim History Handing back your land must be done with an acknowledgement of the injustices and the trauma of the past, much of which At the handback ceremony at Mandorah on 21 June, NLC CEO Joe Aboriginal people still live with today. Morrison traced the long history of the Kenbi land claim. Here is an Prior to the arrival of the Europeans, this edited extract of his address. land, Australia, was cared for by hundreds of nations of Aboriginal people. Yours are the oldest continuing cultures on earth. of the Government in making the Town Our nation is as old as humanity itself Planning regulations. and the Larrakia people were, and are, the Aboriginal people of the Darwin region. The NLC took the decision to the High In policies past, Larrakia people were not Court which, in 1981, directed the Land treated with the respect they deserved – you Commissioner to consider whether the were confined to reserves, your movement regulations had been made for the ulterior was restricted, your camps like Lameroo and improper purpose of defeating the Beach were relocated to compounds and, claim. over generations, children were separated from their families. In the subsequent hearing, the Northern Territory Government refused the Land This trauma and suffering cannot be Commissioner’s order to produce all denied and today we acknowledge these relevant documents about the planning injustices. But today, with the recognition of you as Traditional Owners and with decision. The Government took this your land being handed back to you, we through the Federal and High courts – and look to the future with hope and with lost again. optimism. It was not until 1988 that Justice Howard The successful resolution of the Kenbi Olney, the fourth Land Commissioner Land Claim shows the capacity of our laws to deal with the matter, found that the to deliver justice for our First Australians. planning regulations were invalid because Although a long and protracted process, it they had been made for the improper has produced a result that will ensure the purpose of preventing claims under the Belyuen group and the Larrakia people Land Rights Act. more broadly have cultural, social and NLC CEO Joe Morrison outside the display of the history of the Kenbi land claim. economic opportunities into the future The NT Government appealed to the – and that the sharing of benefits can courts, again unsuccessfully. occur in a way that respects the findings Finally, in September 1989, the High of Australian laws and meets the cultural his year, 2016, is the fortieth very peninsula. anniversary of the Northern Court’s refusal of special leave to appeal requirements of the Larrakia people. T Notwithstanding the Northern Territory’s Territory Aboriginal Land allowed Justice Olney to begin hearing town planning regulations, the NLC In a symbol of hope and of optimism, Rights Act. It passed through the the Kenbi claim. The hearing lasted for 30 lodged the land claim to Cox Peninsula the Kenbi Land handover will ensure Commonwealth Parliament in December sitting days and ended in disappointment. Larrakia people build autonomy and and various islands to the west of here on 1976 under Mr Malcolm Fraser’s independence, in a partnership based on the 20th of March 1979 – more than 37 Justice Olney handed down his report in Coalition government. mutual respect with all other Australians. years ago. February 1991, finding that there were It will ensure your hard fought rights are A year before then, Mr Fraser’s no Traditional Aboriginal owners of the protected and managed according to the predecessor, Labor Prime Minister Mr claimed land. That was because the Land Belyuen group and the Larrakia people Gough Whitlam, was removed from The prospect of Aboriginal Rights Act required that there be at least and that those rights are converted into office before he could enact broadly two persons of patrilineal descent who economic opportunities. similar legislation. But, anticipating the land rights frankly had primary spiritual responsibility for Like Aboriginal people across our nation legislation, Mr Whitlam in April 1975 terrified much of the sites on the land, and the Commissioner you have respected your country and appointed an interim Aboriginal Land found that only one such person existed. have sacred and special knowledge of the Commissioner, Justice Dick Ward. Territory’s non-Aboriginal A year later, in February 1992, the Federal environment and the ecosystems. The newly incorporated Northern population. Land rights Court overturned that finding and ruled What happens next is up to you. Land Council wrote to the interim that persons of matrilineal descent could The innovative way you have negotiated Commissioner in March 1975, seeking were certainly unsettling satisfy the term “Traditional Aboriginal the land claim means the benefits derived advice about lodging a land claim to Cox the Country Liberal Owners” as defined in the Act. from the settlement are shared between Peninsula, where we are gathered today. Thus the path was cleared for a second the Traditional Owners and the Larrakia Party when it assumed hearing and by then the office of people and community. The prospect of Aboriginal land rights frankly terrified much of the Territory’s self-government of the Aboriginal Land Commissioner was held You have the opportunity to guide the non-Aboriginal population. Land rights by Justice Peter Gray. He sat for 57 days next stage and we will walk with you on were certainly unsettling the Country Northern Territory in July between October 1995 and June 1999. the next part of the journey. By working Liberal Party when it assumed self- together, we can ensure your hopes for 1978. The NT government held to its obsession government of the Northern Territory in your future and the future of Belyuen that the Cox Peninsula was required for July 1978. people and of Larrakia people, are The validity of the town planning the future expansion of the City of Darwin. realised. One of the first acts of the new regulations would bedevil the process of It argued that Darwin would expand to a I look forward to this land enabling strong government, in December 1978, was to the Kenbi claim for more than a decade. population of one million, and that of four economic growth and empowerment promulgate town planning regulations The legal challenges, all the way to the available options, only the Cox Peninsula for the Larrakia people. One of the which declared that large areas around High Court, were complex and expensive. could be used for that expansion. most important objectives – in some Darwin, Katherine, Tennant Creek and The very first Aboriginal Land But Justice Gray was critical of the ways the most important – must be Alice Springs were to be treated as if Commissioner, the late and much- government’s town planning exercise, greater economic empowerment, more they were part of a town, and therefore respected Justice John Toohey, held initial saying that it had more to do with defeating entrepreneurship among Aboriginal unable to be claimed as Aboriginal land. hearings in 1979 to ascertain whether the Kenbi land claim than attempting to people. That was in spite of the Northern Land he could proceed with hearing the land plan for the possible future expansion of Council having foreshadowed, before claim. He found that he could not, as Darwin. Aboriginal interests, he said, were self-government, a claim to land on this he was unable to question the motives given little or no weight, whereas much 6 Land Rights News • Northern Edition July 2016 • www.nlc.org.au

emphasis was placed on the desirability land under the Land Rights Act. of providing vast areas for people who Another 13 thousand hectares in the might wish to live in low-density, rural- northern part of Cox Peninsula will be residential environments. freehold land vested in the Kenbi Land In his report, delivered in December 2000, Trust. Twenty per cent of that freehold will Justice Gray observed that a town could be granted to the Larrakia Development be constructed in the south-east portion Corporation. of the peninsula, which had not been Then in 2008 along came the High Court’s recommended for grant in the land claim. Blue Mud Bay decision which gave More importantly, he found that six persons ownership of 85 per cent of the Territory’s known as the Tommy Lyons Group were coastline, including Cox Peninsula, to Traditional Aboriginal Owners of most traditional Aboriginal owners. of the land claimed. Further, he reported That has been factored into the final that the land would be for the benefit of all settlement, and has resulted in permit free access for recreational fishers to In May 2002, that finding most of the Cox Peninsula coastline and the islands to the west, barring exclusion became a reality, and legal zones around sacred sites. challenges were finally put Finally, the Commonwealth, through the to rest, when the Territory’s Departments of Finance and Defence, has agreed to remediate lands across the Kenbi new Labor government claim area which have been degraded by toxic waste and arms materiel. decided to abandon any The journey has been stressful for many, further appeals through and I acknowledge that many Larrakia the courts. remain unhappy about the outcome. Further, we must not forget those senior 1600 Larrakia people who have traditional Larrakia people who did not live to see interests, not just the six Traditional this day eventuate. Thirty seven years Owners. is far too long to wait for lands to be returned. In May 2002, that finding became a reality, and legal challenges were finally But I stress that today really is a day for put to rest when the Territory’s new Labor celebration. government decided to abandon any Today’s handback ceremony will deliver further appeals through the courts. certainty to the whole community, But that was not the end of the journey. and opportunity for Aboriginal people themselves to participate in the economic First there were discussions with development and cultural protection of governments about how Justice Gray’s the Cox Peninsula now and forever into recommendations would be put to effect. the future. That’s resulted in agreement for 52 Prime Minister Malcolm Turnbull and Chief Minister Adam Giles are led by the Kenbi thousand hectares to become Aboriginal That, surely, is a great outcome. dancers to the handback ceremony.

The then Aboriginal Land Commissioner, Justice Peter governments to reach a settlement which opened up on the map above) are now Aboriginal land under the Gray, recommended in 2000 that the rights of Traditional economic opportunities while preserving cultural ties to Aboriginal Land Rights (Northern Territory) Act 1976; Aboriginal O wners to most of the land at Cox Peninsula the land. The NLC also undertook extensive negotiations 13,000 hectares (coloured green) will be NT freehold, of be recognised. with the Traditional Owners and the affected Larrakia family which 20% (coloured light green) will be granted to the In the years after then, the Northern Land Council groups and the Belyuen community. Larrakia Development Corporation. negotiated with the Northern Territory and Commonwealth The outcome is that 52,000 hectares (coloured brown July 2016 • www.nlc.org.au Land Rights News • Northern Edition 7

Prime Minister Turnbull meets Traditional Owner Jason Singh. Raylene Singh looks on from the background. Traditional Owners reflect at the handback ceremony Jason Singh This is a big day for us. At long last we will be getting our land back. I want to thank the Prime Minister, Mr Turnbull for being with us today. It is a great honour to have him here to hand back our land. I thank the Chief Minister for coming here today. I also want to thank the other important people who have joined us on this great occasion. I am very happy that after 37 years we will be getting our land back. I am very sad that our mother is not here today. She fought hard for the Kenbi land claim. Today I also think of my dad who helped my mum to fight for our country.

Raylene Singh We are very happy today because at long last we are getting our land back. The artwork used to illustrate the invitations Our land is very important to us. We are nothing without our land. and official program for the Kenbi handback Our mother taught us about this country, and I am very sad that she is not here derives from a work by traditional Aboriginal today. Our mother was very important in the long fight to get our land back. owner Raylene Singh. It depicts the Kenbi dreaming which provided the name for the Today I also remember all the other people who have passed away and cannot be land claim. here for this big occasion. It has taken 37 years, and today is the end of a long fight. The dreaming was described in evidence as a didgeridoo, a bamboo or a tunnel – It is good that the Prime Minister has come here to give us back our land. He is a essentially a subterranean passage linking busy man, and I thank him for coming here today. various sites, particularly those associated And I thank everybody else who has come to celebrate. with sources of freshwater. It is believed that the Kenbi dreaming connects the various sources of freshwater, Zoe Singh so that the water from springs is the same Thank you all for coming today, especially the Prime Minister, Mr Turnbull, who as in the Belyuen waterhole. met with us family earlier this morning. In ceremony it was crucial that young boys I feel very proud that we are getting our land back. and girls bathe in the waterhole at Belyuen. I’m very glad that the long fight for our land is finally over. This transmitted the sweat of the initiates to freshwater sources throughout the land, Today I remember all those people who have passed away over the many years particularly those connected with the Kenbi since we first claimed our land. dreaming, so that they could move safely Most of all, I remember my mother who passed away. She taught us everything through the land claimed. about our country. At certain times, tidal movements in Woods It has been a long, hard struggle for me and my brother and my sister, and the other Inlet create a sound which is held to be clan groups. the sound of an old man playing the Kenbi Now we just want to get on with our normal lives. didgeridoo. I look forward to caring for the country that has been given back to us. 8 Land Rights News • Northern Edition July 2016 • www.nlc.org.au

NLC Chairman: “This claim has hung like a dark cloud”

At the Kenbi land claim handback at Mandorah on 21 June, NLC Chairman Samuel Bush- Blanasi said it was “a great day in the history of the Northern Territory.” Here is an edited transcript of his address.

ere we are, more than 37 years after 2016. The fears about land rights which the Northern Land Council first were so prevalent 40 years ago have been H lodged the Kenbi land claim, finally put aside. celebrating the handover of title deeds. And today we should also put aside the Too many people are not with us to disagreements that I acknowledge some witness this historic event because they Aboriginal people feel about how this Kenbi have passed away too soon. land claim has been worked out. Only a week ago I was at Yarralin, a small Today, let us join together in a spirit of community in the Victoria River District, to real celebration. witness the handback of 50,000 hectares of The realisation of the Kenbi land claim is Aboriginal land. a great occasion for us all. That too was an historic event. This beautiful place we call Cox That Yarralin claim was lodged and Peninsula, and the islands to the west, are heard in 1975, even before the Northern finally back in Aboriginal hands, and many Territory Aboriginal Land Rights Act was more Aboriginal people than just the few passed by the Commonwealth Parliament in Traditional Owners will benefit from that. December 1976. Aboriginal people themselves now So this is the fortieth anniversary of have great opportunities for economic Aboriginal land rights in the Northern development. Caring for this country, Territory. nurturing its cultural and environmental The Land Rights Act has enabled the values, will now be the responsibility of return to Aboriginal ownership of half the Aboriginal people themselves. land mass of the Northern Territory, and We will all be better off for that. more than 85 per cent of the Territory’s Getting here has meant hard work by so coastline. many staff of the Northern Land Council And that has been achieved without the over the past four decades, and I thank them mayhem and social disruption that those all for their dedication. From left: Traditional Owner Raylene Singh, Prime Minister Turnbull, Traditional Owner who so loudly opposed land rights forecast I also thank the Commonwealth and Jason Singh, former Land Commissioner Peter Gray (who decided the Kenbi claim in 2000) back in the 1970s and 80s. Northern Territory governments for their and NLC Chairman Samuel Bush-Blanasi. The Land Rights Act has delivered justice commitment to bringing about final – a justice largely denied to Aboriginal settlement of this claim which has hung people in other jurisdictions. over these lands like a dark cloud for far too We are a more enlightened society in long. July 2016 • www.nlc.org.au Land Rights News • Northern Edition 9

A letter to the Larrakia

Dr Maria Brandl is an anthropologist who led the work on the first Kenbi land claim. She attended the handback ceremony at Mandorah on 21 June, and penned the following lines as a Letter to the Larrakia:

his has been a long journey, the Kenbi I also remember the late HC (Nugget) T claim dreaming track, ending here Coombs, former Senator and Federal today on this the shortest day of 2016. Minister for Aboriginal Affairs Fred It was unforgettable at the beginning in Chaney, former NT Opposition Leader 1978 and now has become a unique and Jon Isaacs, former Director of the National significant experience for the Larrakia Gallery of Australia James Mollison, and people and their descendants, and for the local warriors Bill Day and the late Norma people of Australia. Coonan who typed the claim book. Since I heard of the final legal decision my Yes, we remember them today. thoughts have been full of the old people – This handover, though, is a time for a new your old people, the Larrakia – and of your beginning, for new dreamings and for Remembering those who had passed away: From left, NLC CEO Joe Morrison, Larrakia community in all its richness and the future – the future that all these old Lingiari MP Warren Snowdon (who represented Opposition Leader Bill Shorten), diversity today. people, Indigenous and non-Indigenous, Federal Indigenous Affairs Minister Nigel Scullion, NT Chief Minister Adam Giles and Of course my first thoughts were of the made possible through the wonder that has anthropologist Dr Maria Brandl. successful claimants especially Kathleen, become this Kenbi triumph. and Raylene, Jason and Zoe, and their It has been a hard-won confluence of mother and grandmother with whom anthropology, law, history, and morality. Michael Walsh, Adrienne Haritos and I were privileged to work so closely in 1979. The thought for today is: What will now follow from the handover of this title is all And I remember others who stood alongside for posterity – for you and your children, the old people, all who have now gone. Like especially for the hundreds of the wider the sister of the Singh children’s father’s Larrakia community and their kin who mother’s mother, the little old lady born at will long benefit from this victory brought Anson Bay, who refused to be ordered into with the steadfastness, the persistence, the Darwin by administrators; and her nieces courage, and the vision of your forebears – other heroines of the “old people” from who have gone on into the Dreaming. whom many of you here today descend. I am honoured to have been part of it. We remember and honour them because I am honoured to be here with you, to be they fought long before the Woodward witnesses of this handover of land title. Commission or the 1976 Act, and who were regularly knocking on the door of the old On behalf of all I know and all who have NT Lands Branch or Northern Territory worked on and stood by this claim through Administration’s Welfare Branch to get the years, I wish the Larrakia landowners peace and happiness and prosperity now rights where they could and they fought for Prime Minister, Malcolm Turnball meets with members of the Tommy Lyons Group their Larrakia kin – as over Duwun, known that you have secured a formal title to your to other 20th century Darwinites as the ancient land. RAAF bombing target, Quail Island. Once the Kenbi claim was launched, a cast of at least hundreds needs to be remembered for their help, many that you will be thinking of I will not name; in fact, most of those who have gone I will not name. And I know that all of you will know someone who has gone. But I will name a few, known to us researchers without whom we could not have written that first claim book. Here goes: The kin, the spouses, the neighbours of the Larrakia to the west, to the south, to the east and even to the north, the Tiwi Islanders; the archivists who went back over 100 years of old records; the lawyers and barristers and judges; the anthropologists and the Northern Land Council staff over the 37 years of the claim; our navigators, Indigenous and non- Indigenous; the writers and the journalists - I mention Xavier Herbert and Keith Willey in particular; the public servants like Les Penhall, from the time of the old Northern Territory Administration’s Welfare Branch and those later ones from the Departments of Aboriginal Affairs and Social Security, and the National Gallery of Australia; and, above all, the late Peter Ucko former The happy aftermath – Indigenous Affairs Minister Nigel Scullion (holding the paperbark which had wrapped the Kenbi title deeds) stands Principal of the then Australian Institute of beside Traditional Owner Kathleen Minyinma , in wheelchair. Aboriginal Studies, now AIATSIS; 10 Land Rights News • Northern Edition July 2016 • www.nlc.org.au

Handback 2016

Wickham River Land Claim Title Deed Handover 14 June 2016

Hundreds of residents from the Victoria River district crowded into the small community of Yarralin on 14 June for a ceremony to mark the presentation of title deeds to more than 50,000 hectares of land – more than 40 years after the traditional Aboriginal owners lodged a claim to the land under the then nascent Northern Territory Aboriginal land rights legislation proposed by the Labor government of Gough Whitlam. Federal Indigenous Affairs Minister Nigel Scullion, who thanked the Traditional Owners for their perseverance and patience in fighting for the land claim, handed over the title deeds on behalf of the Commonwealth. He welcomed “the interest” from traditional owners in a township lease over the community – although none of the traditional owners present indicated a skerrick of interest in relinquishing the land to which they were just about to receive title.

boriginal demands for land at Yarralin mismanaged, and by the mid-1980s the title began seriously after workers and to the land at Yarralin was held by a bank A their families walked off Victoria in Katherine as security against a large River Downs station in April 1972, fed up overdraft. with pay and conditions. By the mid-1990s, Ngarinman Yarralin They joined the Gurindji at Wattie Creek Community Incorporated was dissolved. who had walked off Wave Hill Station in Because it was registered under NT 1966. legislation, the NT Commissioner for Consumer Affairs came to hold the title to VRD Station was then owned by the Hooker the land. Corporation, a Sydney-based real estate company. But, by virtue of a surveying oversight, a slice of land at the southern end of the After difficult negotiations with the Yarralin block had been left unalienated, After the handover of title deeds on 14 June 2016, Aboriginal company, the walk-off group began moving and the Northern Land Council moved to people will own more than 50,000 hectares of land at Yarralin, and back in October 1973 to an area of land take advantage on behalf of the Traditional around the old Gordon Creek outstation, to the north, under the Aboriginal Land Rights (Northern Territory) Owners. The NLC lodged the Wickham which they called Yarralin. Act 1976. River Land Claim in 1983 over the Gough Whitlam’s Labor government, unalienated land; the claim was not heard It comprises two blocks: anticipating the passage of its Northern by the Aboriginal Land Commissioner until Territory land rights legislation, appointed 2009. • The original Yarralin block (14,950 hectares) to which the a Northern Territory Supreme Court Ngarinman Yarralin Community Incorporated gained title in The then NT Labor Government conceded Judge, Justice Dick Ward, as interim Land the Wickham River claim, and agreed that the mid-1980s. The body went broke in the mid-1990s, and Commissioner in April 1975. all the original Yarralin block should be the title to the land at Yarralin rested after then with the NT The Yarralin people claimed title to their Aboriginal land also. Commissioner for Consumer Affairs. block, and Commissioner Ward heard their As well, the Government agreed to hand case in September 1975. He recommended • A block (35,500 hectares) immediately to the north of the over title to a larger block to the north of the claim be granted, but the new Liberal Yarralin (35,500 hectares), which the Yarralin block, which was previously owned by the NT Land Party Government of Malcolm Fraser, previous CLP government had vested in Corporation and was therefore not able to be claimed under elected in December 1975, sat on the the NT Land Corporation, in order to put the . During settlement of the Wickham River land claim, the recommendation. it beyond claim under the Aboriginal Land NT Government decided in 2009 to hand over the block as After years of inaction, the NT Government Rights Act. Aboriginal land. agreed to hand over the Yarralin So, more than 44 years after they walked off block, (14,900 hectares) to Ngarinman VRD station, more than 50,000 hectares of The land handed back totals 50,310 hectares - 140 hectares less Yarralin Community Incorporated (but land is now back in Aboriginal ownership. than the combined land area of the two blocks, because land for not as Aboriginal land under the Land Rights (Northern Territory) Act 1976). public roads has been excised. The ownership body was subsequently July 2016 • www.nlc.org.au Land Rights News • Northern Edition 11

Minister Scullion acknowledges “perserverance and patience”

he Minister for Indigenous “I am also pleased that together T Affairs, Country Liberals with the Country Liberals Northern Senator Nigel Scullion, said the Territory Government, we have land handback at Yarralin on June allocated a significant investment 14 was a day for the community to in housing in Yarralin – including celebrate the resolution of its long twenty new houses and seventeen fight for land rights. upgrades.” “Today’s ceremony formally At a press conference later, Mr recognises the land as Aboriginal Scullion conceded that the delivery land, something traditional owners of new housing was dependent on have known to be the case for many a lease being signed, at least over generations,” Minister Scullion said. residential blocks at Yarralin. Mr Traditional Owners with Indigenous Affairs Minister Senator Nigel Scullion hold a framed Scullion’s preference is for a lease copy of the title deeds. “I thank the traditional owners for over the whole community – a their perseverance and patience “township“ lease. in fighting for this claim and look forward to working with them to Minister Scullion acknowledged the ensure the land can now be best close link the parcel of land had with utilised for the benefit of the Yarralin the historic walk-offs from Wave community. This could include Hill Station and Victoria Downs commercial development and home Station when Aboriginal stockmen ownership if traditional owners are and their families stopped work in keen for this to occur. protest at poor wages. “I welcome the interest the traditional “The walk-offs were pivotal owners have expressed in a township moments in the lead up to the land lease for the Yarralin community as rights movement and a vital part of an option to improve the existing the process that led to today’s grant land administration arrangements. of land.” Johnny Dann Nora Anzac Anthropologist Debbie Rose reflects on her work in Yarralin

Anthropologist Debbie Rose (Professor Wickham River land claim, the Jasper North Australia won the Jessie Litchfield Deborah Bird Rose) left, came to Australia Gorge-Kidman Springs land claim and Award for Literature. She is a Professor in 1980 in the hope of finding Aboriginal the Bilinara land claim. She also worked in the Environmental Humanities Program people who would allow her to live with for the Sacred Sites Authority (later the at the University of New South Wales. them and learn about their relationships Aboriginal Areas Protection Authority), Her website is dedicated to stories of with country and other species. Instead documenting sites for registration with ecological and social justice (http:// of going home to the USA, she stayed to people from Yarralin, Lingara, Pigeon deborahbirdrose.com/) work with people on land claims and other Hole, Amanbiji and other communities. Debbie Rose attended the handback matters. She worked on many claims Her ethnography of Yarralin and Lingara ceremony at Yarralin, and has kindly for the Aboriginal Land Commissioner people, Dingo Makes Us Human: Life and written this article for Land Rights News as consulting anthropologist; in other land in an Australian Aboriginal Culture about her long association with the claims she worked directly with Traditional won the Stanner Award years ago for its community. Owners. contributions to understanding Aboriginal She wrote claim books for a number of society. Her book Hidden Histories: successful claims and disputes, including Black Stories from Victoria River Downs, three in the Victoria River district: the Humbert River, and Wave Hill stations,

ow interesting it is to be forever Humbert River Station, and they lived at Aboriginal people replaced convicts as H in debt. That’s what happened to Daguragu where the walk-off had started the un-free, un-paid labour with which me when I came to Australia as a Aboriginal Law is in 1966. much of the country was taken over. In novice anthropologist. Elders taught me. short, the country was stolen and so was Of course the idea of a walk-off had been Families invited me in. Communities their labour. brewing for a long time, but the actual gave me a place, weaving me into their like that hill there. event was huge. It started a massive flood The people who walked off had numerous fabric. All that generosity changed my of change that brought down a terrible industrial grievances, particularly the life, and there’s no way the debt can be It never changes. system of exploitation. One of the Yarralin fact that they were not paid equal wages. paid. I did not go back home to America. elders who had been part of the walk-off And they had a wider and more powerful When I settled into the Yarralin community Instead, I stayed in Australia to work was Hobbles Danaiyarri. Hobbles was aspiration: to regain their land. in 1980 people were extremely optimistic. on land rights and to help register a wonderful story-teller, eloquent and The heart of their recent history was the They were walking away from both sacred sites. I did what I could, and I’m insightful, and he wanted Whitefellas to walk-off, and they were thriving in the sides of violence: labour exploitation and incredibly grateful for both sides of this understand that Aboriginal people had power they had gained to shape their dispossession from country. The aim was story: grateful for the generosity of the been ‘prisoners in their own country.’ His own lives. The people who came to be to establish their own communities, each elders and their families, and grateful for point was that Australia had been settled known as Yarralin mob had walked away located in traditional homelands. the opportunity to contribute to changing by the work of people who were not free. from Victoria River Downs Station in some of the brutal past. First there was convict labour, and later The Yarralin mob (Ngarinman) settled 1972. They were joined by people from at the old Gordon Creek outstation of 12 Land Rights News • Northern Edition July 2016 • www.nlc.org.au

Victoria River Downs. The Pigeon when they died. It was beautiful, actually, could take care of the country, protect the first motorcars. Still later, he’d seen Hole mob (Bilinara) went back to that to remember those old people on this the Dreamings, and keep the generations road trains, and then airplanes. He’d outstation. The Humbert River people handback day. For the Yarralin mob, these going. Country was not only an aspiration, seen helicopters, and by night he’d seen (Lingara mob) went to Yarralin and from long-gone people were their parents, but was people’s most powerful source of satellites. And with all that coming and there they started an outstation near the grandparents, and great-grandparents. For strength. going, he liked to say that he was still old Humbert River homestead. me, they were my teachers and guides. right there in his country watching it all. When Welfare Officers tried to get people They were the people to whom I am One group, the Karangpurru people who to go back to work saying they needed The walk-off generation was politically forever in debt. had lived at the VRD head station, was wages in order to survive, and when ‘Lord astute and at the same time they were divided. Some of them stayed at the camp Vestey’ offered good working conditions idealistic. Many of them had a further aim near the head station because the old man, as a way to regain control over Aboriginal King Brumby, would not leave. That people, Tommy Vincent Lingiari replied: area was his own country, and the main “You can keep your gold, we just want Dreaming for the group was right there our land back”. That was the truth of the too. walk-off generation. That was how they broke away from brutality. It was a sadly impossible situation for them: the place they most wanted to have Freedom in the mode of responsibility a community was right there at the head meant aiming to regain homelands station, and that was a place Whitefellas where people could continue to live from were never going to be willing to share. generation to generation. Those old people Some of them settled at Yarralin with the saw responsibility as an unchanging force objective of gaining land to the north that in their lives. was part of Karangpurru country and close One of the people who was prominent in to other Dreamings and historic sites. everyone’s memory at the handback was Hobbles Danaiyarri. Photo H. Ludwigson Most of these people have experienced Doug Campbell, father and grandfather of the return of some of their former lands a large number of the Traditional Owners. through land claims, but it is important to As I listened to the politicians’ speeches, I remember the day Doug pointed to the remember that the Land Rights Act (NT) I remembered how Hobbles always big hill near Yarralin and said to me: 1976 had a hit or miss quality to it. Some enjoyed turning Whitefella words around “Aboriginal Law is like that hill there. It Doug Campbell. Photo D. Lewis people have benefitted massively, others to pull out a somewhat different story. never changes.” That’s part of the beauty still long for the country they were aiming One of the words he liked was ‘freehold’. of Law that comes from the ground: the when they left the stations. Beyond equal to get when they walked off the stations Here is what he said: hill is always there. To see is to remember. wages, beyond parcels of land, they were forty-four years ago. The Karangpurru committed to a wider transformation. “You [Whitefellas] made the wrong for mob is one such group, and the Lingara Through land rights, injustice could be the Aboriginal people. Well, this land: we mob also has not fared particularly well. overcome, and a new nation could emerge. should get it. Because we’ve got all the They were walking away This would be a different Australia, The Yarralin mob has had a stormy culture. That Dreaming place, important from both sides of violence: made up of citizens who respected history in their struggle to gain freehold one, you don’t know about it. That’s why each other, who shared the wealth, who title. Land Rights News (July 2016) we worry. We want to try to get it. This labour exploitation and lived according to their own culture and recently published an excellent account, land, it’s got no lease. It’s the freehold. knowledge, and who were committed to telling about people’s aspirations, the first It’s the freehold, altogether. When that dispossession from country. the idea that what was best for country title they were given, and how that title Captain Cook came, he was stealing the The aim was to establish would be best for Australia. Many of was lost. It goes on to tell about the small freehold. People were free, sitting on land these old people truly desired an Australia parcel of land that was a surveyor’s error belonging to them. It’s the freehold all their own communities, in which Whitefellas and Aboriginals and that became the Wickham River Land over.” Claim. Recently these blocks of land each located in traditional could work together, ‘be mates together’, were bundled together under Aboriginal homelands. and take care of country together. Freehold Title, and were returned to The idealism of this vision involved Traditional Owners on 14 June, 2016. an assessment that Whitefellas were I was also reminded of continuity when I I hadn’t been to a handback for many capable of setting aside their misguided saw the photo on the handback program. years. It was terrific to see that the Land sense of racial and cultural superiority. It It showed a group of Yarralin men, and Council was taking these events very envisioned a future in which Australians was taken by Rob Wesley-Smith. Off to seriously now, perhaps to honour forty would face each other as equals because all the left is Big Mick Kangkinang, holding years since the Land Rights Act came into would be committed to the profound work a spear and looking wonderfully dignified being. The Yarralin ‘handback T-shirt’ has of continuity in country. For years now in his western shirt and cowboy hat. He on the back the slogan ’40 – An Act of the land councils and many committed was one of the leaders of the walk-off Social Justice’. On the front it says ‘We individuals have kept these ideals alive. and one of the founders of Yarralin. His never gave up the fight … Wickham River Somebody had to, because governments home country was away to the north in Land Claim Handback, Yarralin 2016’. for the most part have failed to rise to the Stokes Range, and his land aspirations the challenge of the walk-off generation. The handback was a day of celebration, were met through the Stokes Range land Inequality is growing throughout and rightly so. The fact that various NT Chief Minister Paul Everingham (right) claim. Australia. Hatred and fear seem to be blocks were put together under Aboriginal hands over title to the Yarralin community I remembered a conversation with Big increasing. The Racial Discrimination Freehold marks an excellent phase in the in 1984. The title was forfeited back to the Government in the 1990s. With Mick in which he reflected on Whitefellas Act has been torn to pieces. Big issues that changing relations between Aboriginal Everingham are Hobbles Danaiyarri and and their continual comings and goings. impact on country, like climate change, people and governments, both NT and Doug Campbell. Big Mick was born in the bush, and when are not adequately addressed. The list Federal. It is another step in the long he was a child there came a time when goes on. struggle for justice. The fact that the there was a lot of shooting. It became Minister for Aboriginal Affairs was If Hobbles had lived to see the handback, ‘We never gave up the fight’ is a great safer actually to live on the station than to present for the occasion and spoke to I’m sure he would have told the Minister story to celebrate, but there’s more to live in the bush, and so his family settled people in a very personal and committed for Aboriginal Affairs that freehold in it. The fight isn’t over. The brutality of at VRD. manner was significant. its Aboriginal form wasn’t something the past is being given new shape and governments conferred. It was the Big Mick’s father had seen the first power in the present, and so the fight for The handback was also a time for relationship between people and country, Whitefellas come into the region with responsibility and justice must go on. reflection. Many of us were thinking and it was circular. Country enlivened and their horses and cattle. Big Mick himself That vision of transformation, the vision about the people who had walked off and empowered people, and people took care had seen the first donkey teams. Later that empowered the walk-off generation, then waited for decades for the land to of country. Responsibility was the point he’d seen camel teams, and he’d seen is still the greatest challenge of our time. be returned, and who were still waiting of life – to raise new generations who July 2016 • www.nlc.org.au Land Rights News • Northern Edition 13

Bloody events have stained these lands

acknowledge the Traditional Owners have stained these lands. here, the Ngarinman people, who are That history must never be forgotten. I about to receive title to their land more than four decades after their claim was It’s a matter of great significance that today’s lodged with the Interim Land Commissioner ceremony is taking place this year, the in 1975. You never gave up the fight, and fortieth anniversary of the Aboriginal Land today’s ceremony is testament to your Rights Act. The Act has given Aboriginal tenacity. people ownership in white man’s law of 50 per cent of the land mass of the Northern It is a tragedy that so very few of you who Territory and 85% of its coastline. began the fight to get your land back, are alive today to witness this historic event. So Let us remember that the Northern Territory many of your forebears have passed away is the only jurisdiction in Australia to have too early. such land rights enshrined in Commonwealth law – a tribute to the governments of Gough For me, I take great pleasure in being Whitlam and Malcom Fraser. CEO of the Northern Land Council on the Your Ngarinman ancestors walked off VRD Traditional Owner George Campbell occasion of this wonderful event, as I would have been 19 years old when I first came station in 1972 to join the Gurindji at Wattie to Yarralin to work with the CDEP on a Creek and returned to this place, which you housing and community garden project. called Yarralin, 18 months later. That was 24 long years ago. Your ancestors and yourselves have NLC Chairman: Without our Yours has been a tumultuous history. As the endured and suffered far too much for far Interim Land Commissioner was told way too long. Today you get your land back, back in 1975, your land was taken by force, and I congratulate you all for never having without permission and without payment. given up the fight. land we are lost people Many of your ancestors died defending their The Northern Land Council has been with rights and resisting the unwanted occupation you for 40 years. We will be with you for and rights for Aboriginal people in the 1976. of your lands and desecration of your waters the next stage of your journey to mobilise L Northern Territory had their beginnings Today we celebrate not only the handback and sacred sites. Those stories are not told those property rights so that you and future in these parts when the Gurindji people of this land at Yarralin and beyond. in our education curricula, as I believe they generations benefit through the community walked off Wave Hill Station in 1966, development unit we are about to establish. We’re also celebrating the fortieth should be, but they have been written down fifty years ago. anniversary of the Land Rights Act. by people of good will and some of those We look forward to the future with you. You Ngarinman people joined the Gurindji historians and anthropologists are here It’s good to look back on all that history and Speech by Joe Morrison, NLC CEO, at the at Wattie Creek six years later. today. remind ourselves how far we’ve come in a Yarralin handback ceremony. Between you both you laid the foundations relatively short time. I thank them for their profoundly important for the land rights which Aboriginal people contribution that remains a permanent Much still has to be achieved for us to gain in the Northern Territory enjoy today. record of the often bloody events which real equality, but getting our land back puts And let’s not forget that you also helped to us all, black and white, in a better place. lay the foundations for the cattle industry Without our land we are lost people. which prospers today because of your sweat and blood, and which greatly contributes to Our land is our life, and the lives of the the economy of the Northern Territory. Ngarinman people will be greatly enhanced from today because your land rights have Land rights have given you the opportunity finally been recognised. to develop your own pastoral enterprises, and there is much opportunity for you to I congratulate you all and wish you all the keep building up your businesses. best for the new future that lies ahead. The Yarralin claim was lodged way back in Speech by Samuel Bush-Blanasi, Chairman 1975, a year and a half before the Aboriginal of the NLC at the Yarralin handback Land Rights Act became law in December ceremony.

The Yarralin community gathers around a framed copy of the title deeds

Children from the Yarralin school sang about their community 14 Land Rights News • Northern Edition July 2016 • www.nlc.org.au Right to trade recognised

The Federal Court has recognised the rights of the Rrumburriya Borroloola people (the traditional owners of Borroloola and members of the wider Yanyuwa group) to exclusive possession over vacant Crown land in the town, and to take and use resources for any purpose including commercial purposes – a so-called “right to trade”.

“This is a landmark native title decision,” the adjoining inland plain or tableland areas said Joe Morrison, CEO of the Northern that stretch well inland of Borroloola. Each Land Council which ran the case on behalf had different resource bases and unique of the native title claimants. “This is the first technologies for their exploitation. time native title rights of this nature have Resources taken from the marine been recognised in the Northern Territory,” region focused on foods such as sea he said. turtles, dugongs and sea bird eggs and the The Makassan trepang industry in northern Australia began around 1720, with the earliest The right to trade was opposed by the technologies needed to exploit these such recorded trepang voyage made in 1751. This illustration by H S Melville, draughtsman on Northern Territory and Commonwealth as canoes, paddles, harpoons and native HMS Fly, of trepang processing at Port Essington, is dated 1845. governments. They argued that the native ropes. Resources taken from the inland zone title rights of the Rrumburriya Borroloola featured species such as fish, small game and curing the trepang. A plentiful supply of initial dealings with the Macassans were people were not of a commercial nature; specific flora species and the technologies firewood was needed to do these things. The simply invasive. But it did not follow rather, they were a right to take the resources required to utilize such resources included Macassans also took away with them other that “for whatever reason and despite [any of their estate, and to control access to their spears, fish nets, fish traps, dilly bags, and resources from the land or sea, including assumed] physical superiority and resource estate and its resources by others, only the containers required to process flora. pearl and tortoise shell,” the judgement superiority of the Macassans and their desire for personal or communal purposes of a Resources taken from the plains/tableland recorded. to take advantage of it, the dealings between domestic or subsistence nature. zone featured resources such as seed, “The Macassans provided Aboriginal the Macassans and the people of the claim The case was heard by Justice John grass, tubers, wild honey, reptiles and small people with items that were of high value region did not become in part or in whole Mansfield over 11 days earlier this year. He marsupial species and the technologies to them, including the dugout canoe, the consensual”. handed down his 111-page judgement on required to exploit these included stone steel axe, iron for harpoon tips, glass, rice, And while the Judge acknowledged 30 June. Much of the judgement focussed tools such as axes, spear heads and grinding tobacco and a kind of rum called arrack. that there may have been nothing in on the history of the harvesting of trepang stones. Material non-food items were taken the traditional laws and customs of the such as ochre, stone, fibres and wood. “The Macassans had sexual relations (bêche-de-mer, a sea cucumber) in the Gulf with Aboriginal women. Sexual relations Aboriginal people in the claim area to deal region by the Macassan people from the That “extensive” catalogue, Justice between Aborigines and Macassans with that engagement, he said the evidence southwest corner of Sulawesi. Mansfield said, indicated “the unrestricted involved both commercial and social showed that they had traditional laws and The judgement is notable for Justice right to take and use the resources of the aspects. Husbands and relatives of the customs dealing with their intersection with Mansfield’s rejection of the thrust of much claim area at the time of sovereignty, and women concerned expected regular gifts more remote Indigenous people, including of the evidence by the anthropologist for continuously thereafter”. from the Macassan men involved. ceremonial intersections. the Northern Territory and Commonwealth He said the evidence of the Aboriginal “The Macassans negotiated a form of “It may be that those traditional laws governments, Professor Basil Samson. witnesses was “of significance” as it related agreement with their Aboriginal hosts that and customs were called into play when Generally, Justice Mansfield preferred to the existence at the time of sovereignty of was probably an agreement grounded in responding to the advance of the Macassans. and accepted the evidence of anthropologist “a traditional right to control access to the economic considerations of bargaining and It may be that, having been confronted with Jeff Stead, a former manager of the NLC’s claim area and to take and use the resources mutual advantage. The Macassans sought the advance of the Macassans, they applied (then) Anthropology and Land Tenure of the claim area and of the continuity of and got permission from Aboriginal land and perhaps adapted their traditional Branch, who gave evidence on behalf of the those traditional rights and the manner of holders. laws and customs to address those new native title claimants. their exercise of those rights”. circumstances.” “I am disinclined to accept the very But he was “disinclined to accept the very firm views of Professor Sansom that the firm views of Professor Sansom that the engagement of the people of the Gulf region engagement of the people of the Gulf region with the Macassans was entirely outside of, with the Macassans was entirely outside of, and in no way managed by reference to, and in no way managed by reference to, their traditional laws and customs,” Justice their traditional laws and customs”. Mansfield said. Nor did he accept that there had to be “In my view, the views of Professor “some inherent objective measure” of the Sansom …are not supported by the value of the goods or resources taken from evidence as a whole, or by other material to the claim area: “I do not consider that which his attention was drawn in the course there is a need for the Applicants to show of his evidence. His views do not fit readily that they had a unit of currency as that is with the views of the lay witnesses, or of conventionally understood, or an objective the informants to earlier anthropologists or measure of value, before the claimed right ethnographers.” can be established”. The “lay witnesses” were Aboriginal Justice Mansfield concluded that the people who gave evidence about the right to take resources was not confined to relevant traditional laws and customs of the taking for personal or communal purposes claim group, and Justice Mansfield found of a domestic or subsistence nature – as them to be “truthful and reliable”. the Northern Territory and Commonwealth They gave extensive evidence as to governments urged: “There is no basis for their own and others’ taking and using the Raffles Bay, Coburg Peninsula 1838 concluding that the admitted right to take resources from the claim area and nearby resources was confined in this way [or at all]”. to it, “which was clearly genuine and For at least several years prior to “The Macassan visitations continued reliable”. Justice Mansfield said that prior sovereignty, he said, Macassan trepangers until 1907 when Australian waters became Joe Morrison said: “We hope that this to sovereignty (7 February 1788, the day of were coming annually from the Celebes closed to them”. decision will encourage the Northern proclamation of the Colony of New South (Sulawesi) to northern Australia, including Territory Government in the future to Wales), long distance exchange routes criss- to the islands of the Sir Edward Pellew The Judge said “one critical issue” was recognise Indigenous commercial native crossed the continent. Group, to capture trepang, which was in whether in 1788 the people of the claim title rights so that Aboriginal people can get great demand in parts of Asia. region dealt with the Macassans according on with their lives and not have to be tied In his judgement he divided the general to their traditional laws and customs. Borroloola region into three environments: “The Macassans needed and obtained up in protracted court cases to prove their marine (coastal), the adjacent islands, and access to places on shore for cooking and It was “certainly a possibility” that the inherent and ancient rights. July 2016 • www.nlc.org.au Land Rights News • Northern Edition 15

Stokes Range

An accidental land claim Big Mick Kankinang

As endless pages of Land Rights News from both Northern and Central land councils have attested over many years, the vast majority of land claims under The claimants, in front of the camera – gave evidence in support of the traditional the Aboriginal Land Rights (Northern Territory) Act 1976 have been fought not unsurprisingly – gave the required owners’ claim. Part of the evidence was legal instructions to claim an area of land about the impact of the advent of the bitterly by the Northern Territory Government. Many claims have stretched over they thought had been lost to them under pastoral industry in the region from the European law. 1870s; evidence was given of massacres decades, and have faced legal challenges at every turn. But at least one of them, in the region. Stokes Range was a major As a footnote, I then radioed Darwin on sanctuary for the Ngaliwurru and other the Stokes Range Land Claim, may be judged as “the accidental land claim”, as the two-way. There was some dumbarse language groups of the region as they code like “the eagle has landed” to former NLC staffer Chips Mackinolty recalls. sought refuge and safety in the frontier confirm the instructions. The claim was wars. lodged that afternoon with the Aboriginal anthropologists. I had knocked around or many years, the Northern Territory Land Commissioner, with an initial list The Land Commissioner recommended the VRD region for a few years as a craft Government had a strategy of shifting of 19 claimants – surely a world record on 28 June 1990 that the land be returned to F adviser, and knew the players. So, it was title in vacant crown land, including between the receipt of instructions and the its traditional owners, four years and eight panic stations as I was assigned to hit pastoral lands, into the Northern Territory lodging of a land claim! days after that scene in the pub carpark the road in the old yellow twin cab and Conservation or Land Commissions as a at Timber Creek. The anthropologist get the hell out to Timber Creek to take Presumably some poor junior public way of preventing Aboriginal traditional assisting the Land Commissioner was instructions from traditional owners as servant had his or her arse kicked for not owners laying legitimate claims. It was John Avery, a participant in the first land to whether they wanted to lodge a claim transferring title in order to obstruct the one dodgy method – which included claim hearing under the Land Rights Act, under the Land Rights Act. That was rights and powers of traditional owners. the expansion of the town boundaries of as recounted elsewhere in this issue of something that could be taken for granted, Darwin, Katherine and Tennant Creek Not that this prevented the usual Land Rights News. to areas greater than the City of London perhaps, but it was seen as vital that the bastardry. A month after the claim was Sadly Big Mick Kankinang died before – to prevent claims inside town areas. It process was undertaken in a completely lodged, the Northern Territory registered this recommendation was made. was legal trench warfare, designed to do legal fashion. So the VHS camera was a perpetual crown lease over the whole anything possible to prevent Aboriginal checked out, especially to confirm its claim area to the benefit of the Northern During the gathering of evidence for claims to land. time/date-stamp function was working Territory Development Land Corporation. the claim, I was privileged to visit one accurately. But an NLC lawyer, Ione Rummery, was In the event, it did not prevent the claim afternoon by helicopter the part of Stokes doing a routine search at the Land Titles I left Darwin just before dark for the being heard. In rejecting the ploy, Range, known as Kuwang country, a office in June 1986 when she discovered near 600-kilometre trip to Timber Creek, Land Commissioner Howard Olney beautiful rugged mesa stretching north of, a wonderful thing: in resuming pastoral and swagged it across the road from the said it “reflect(ed) an extraordinarily and travelling west along a length of the properties for the then-proposed Gregory Timber Creek pub. NLC field officers had obstructive attitude on the part of the NT Victoria Highway. At the top there is an National Park, the government had rallied Big Mick Kankinang and others to Government”. amphitheatre as a ceremonial ground, and the bush had an abundance of bush bee neglected to transfer title to an area known gather in the parking area in front of the In any event, the claim was successful – nests, in the ground and trees. There was as Stokes Range. Some bureaucrat had pub to be shown various maps describing not just over a bureaucratic mistake, but an overwhelming scent of wild honey: failed to do the paperwork! It was thus the area that was potentially claimable. It for the power of evidence given by the Waytjkan in the Ngaliwurru language, vacant crown land. was the morning of 20 June 1986 – the traditional owners of the lands. Over a pub wasn’t even open. one of the major dreamings of the area. There were no spare lawyers or week in June 1989, 43 Aboriginal people 16 Land Rights News • Northern Edition July 2016 • www.nlc.org.au

Lead poisoning from ‘shot’ a concern in NT

The NT Health Department is conducting an education campaign across Top End communities to encourage game hunters to change from using lead shot, which is widely used across the Top End. It’s also warning people to keep ammunition containing lead away from young children, and not to let them play with batteries.

he campaign arises from the discovery of some children when they became aware of behavioural T elevated lead levels in the blood of children in problems. three communities in the West Daly region. Subsequent tests found that 36 out of 63 children and Elevated lead in the body can cause a wide range of 21 out of 75 adults had lead in their blood above the safe health problems. In children, it can cause behavioural level set by the National Health and Medical Research problems and learning difficulties; at higher levels it Council. Those results were not from a screening can also cause anaemia and kidney damage. In adults, program in the communities: the majority either had a higher levels can increase blood pressure as well as clinical reason for testing or were identified as sharing cause anaemia and kidney damage. a house with a person with an elevated lead level. Children and pregnant women are most at risk. For The families of 27 of the children with elevated blood most people with lower lead levels there is no specific levels completed a questionnaire to identify possible treatment to get rid of the lead; when the exposure is sources of lead, including food, drinks, hunting and reduced it slowly leaves the body. fishing habits, whether children put certain items in their mouth, exposure to old cars and car batteries, The Department says the most likely source of the paint in houses and use of natural medicines elevated lead levels is lead shotgun ammunition, and and cosmetics. From this, possible sources of lead has identified three most likely ways the lead can be exposure were considered to be: ingested: children playing with lead shot shells (both spent and unspent) and putting them in their mouths; • Drinking water from sources such as creeks or eating bush tucker meat that has been killed with lead billabongs (19 children) shot; and eating magpie geese that may themselves • Swimming in waterholes near hunting areas have eaten lead shot in wetlands, mistaking it for food. (23 children) Lead shot used to kill bush tucker meat can break into • Eating magpie geese killed with lead shot many small pieces, which may be swallowed. Lead (26 children) from these pieces can leak into the meat itself and contaminate the meat, even if the pieces are removed. • Finding lead shot in other meat (24 families) Elsewhere in the NT, magpie geese have been found • Playing with lead shot shogun ammunition to have high lead levels in their bodies from having (9 children) eaten lead shot which has fallen into the wetland mud • Playing with car batteries or other batteries where they feed. In 1990 magpie geese in hunting (7 children) reserves near Darwin had very high lead levels. An extremely high amount of lead shot was found in the Children who played with ammunition were seen wetland area and many birds had lead shot in their to bite or suck the shotgun shells, play with the lead gizzard and showed signs of poisoning. The geese pellets and use empty shells for whistles. were mistaking the lead shot for seeds or small stones The Department of Health’s environmental health they use to crush their food. The discovery resulted in branch also tested the drinking water as well as lead shot being banned in those areas by hunters who swimming water sources in all three communities need a permit. where children were found to be affected by lead; no Also, research overseas has shown that birds like elevated lead levels were found. Nor were they found hawks and eagles absorb lead and also become sick from tests of soil and inside houses. The Department when they eat other birds that have lead in them. of Mines reported no known deposits of lead ore or old mines in the region. Community clinics in the West Daly region were first alerted to the problem of elevated lead levels among Now the Department is working with the Department Artwork: Chips Mackinolty of Land Resource Management this dry season to test lead levels in magpie geese. The Department of Health has researched the difference in price between lead and non-lead ammunition. Acting Chief Health Officer Dr Hugh Heggie says there’s little difference. At one gunshop the wholesale price of the cheapest brand of lead shot shells was $120 for 250 shells; for steel shot shells is was $125. The Department has also addressed safety concerns about changing from lead shot – some gun users have warned that older weapons may not be capable of safely firing alternative ammunition. After wide- ranging research, the Department says it seems that if a shotgun is safe to use with lead shot, it’s safe to use with other ammunition, but with this caveat: “The safety of each individual gun is the owner’s responsibility, and we recommend that gun owners check with the manufacturer of their gun or a gunsmith about the suitability and safety of its use with different types of ammunition.” “Little” price difference: Left, lead shot $16.50; right, steel shot $19 - at Fishing and Outdoor World, Darwin. July 2016 • www.nlc.org.au Land Rights News • Northern Edition 17

GANALANGA MINDIBIRRINA Indigenous Protected Area declared

he Waanyi and Garawa Traditional Owners, staff A key part of their vision was the establishment of T from the NLC Caring for Country Branch and the Waanyi and Garawa Ranger groups, which have various program partners have celebrated the been supported by the NLC since 2008 through funding dedication of the Ganalanga Mindibirrina Indigenous from the Australian Government Working on Country Protected Area (IPA) at Wallace Creek on the Waanyi program. The rangers will continue to work every day Garawa Aboriginal Land Trust. in accordance with the IPA Plan and under the guidance The Ganalanga-Mindibirrina IPA was declared by of Traditional Owners to help keep culture strong, the Waanyi and Garawa people over the entire Waanyi protect important sites, record and pass on cultural Garawa Aboriginal Land Trust, an area of some knowledge, look after the special plants and animals, 11,000 square kilometres in the southern Gulf of the and control the threats that may damage them like late NT. It is being managed in accordance with IUCN season fires and the introduction of weeds and feral category VI (Managed Resource Protected Area) for animals. the conservation of biodiversity and associated cultural The NLC will continue to work in partnership resources, guided by the Ganalanga-Mindibirrina Plan with government, non-government and the various of Management. philanthropic groups to support the Traditional Owners Len Cubby, senior Traditional Owner for Wallace in achieving these and the other big priorities. These Creek, welcomed everyone to country and, following include getting funding to fix up their outstations and a minute’s silence to acknowledge those Traditional remote ranger bases and roads to help get people back Owners who have passed on, gave a moving speech that out to care for country. Support for the development told the story of the long fight for land and struggle to of enterprises - such as a savanna burning carbon get resources to look after their country and outstations. abatement projects - is also an immediate aspiration. This struggle continues today. The Ganalanga Mindibirrina IPA was officially Jack Green, Bradley Dick, Jack Hogan and Eugene recognised by the Australian Government on 29 Escott spoke about how the journey to establish the September 2015, and now forms part of Australia’s ranger group and the IPA has been a very long one, and National Reserve System. IPAs play an important role how hard it was to get help to deal with all of the late in supporting Aboriginal and Torres Strait Islander season wildfires that were really damaging to country. peoples’ visions and aspirations to live on and care for their country while helping to conserve and protect The first planning meeting to discuss managing the Australia’s significant and unique cultural heritage and land trust took place at Wangalindji, with Jack Green, biodiversity. Jack Hogan, Iris Hogan, Andrew Ross and Joe Morrison who was then working for Parks and Wildlife. Several From the Chairman, CEO, elected members and all meetings were later held at Corella Creek. NLC staff, congratulations to the Waanyi and Garawa Traditional Owners for achieving this significant The first IPA meetings took place back in 2005 at milestone. Siegel Creek. Since then, the Traditional Owners, with the help of Nic Gambold (planning consultant), Séan Kerins (ANU), and the Waanyi/Garawa Rangers, have worked tirelessly to record their vision for country Photo right top: Len Cubby signing IPA Dedication and establish priorities and complete the Plan of Certificate Photo right below: Ceremony at the IPA Dedication Management for the IPA. 18 Land Rights News • Northern Edition July 2016 • www.nlc.org.au

Report from Kakadu and West Arnhem Jon Altman

Jon Altman, research professor, Alfred Deakin Institute for Citizenship and Globalisation, Deakin University, Melbourne

with members of the demographically tiny Kluane First Nation, mainly residing in a village Burwash Landing with a population of fewer than 100. The precursor to this visit was my recommendation of Paul’s highly- regarded Hunters and Bureaucrats: Power, Knowledge, and Aboriginal-State Relations in the Southwest Yukon to the CEO of the Gundjeihmi Aboriginal Corporation. The book is an exploration of the comprehensive land settlement agreements or modern Treaties between the Canadian state and Yukon First Nations in the early 21st century. Based on research with hunters of the Kluane First Nation and cognisant of their beliefs and practices regarding human-animal-land relations, it explores the inevitable tensions that arise in resource management when there are incompatibilities between Kluane and western concepts of ‘knowledge’ and ‘property’ in relation to the co-management of wildlife. Paul’s analysis looks to properly account for the complicated, actually existing relations between First Nations and the state. This clearly has parallels with the extraordinarily complex relations between Aboriginal people and the Australian state in the joint management of World Heritage listed Kakadu National Park. Burwash Landing Warddeken Rangers on fire management duties.Photo David Hancock / SkyScans lies on the border of Kluane National Park, also part of a World Heritage site. My role was to facilitate Paul’s visit to Kakadu and West Arnhem, allowing him s we flew over western Arnhem Land Rights law passed in 1976. governance: the right to burn accords with Bininj notions of appropriate resource to absorb as much as possible in four days Land in a light plane from Jabiru In this part of Arnhem Land, the West and engage in a number of information A to Kabulwarnamyo outstation and management and simultaneously generates Arnhem Land Fire Abatement (WALFA) a regional development pathway and exchanges with our hosts, the Gundjeihmi ranger station I could see a massive fire line project, a collaboration among five Aboriginal Corporation Board and staff in on the horizon. national and global benefits in efforts to Indigenous ranger groups, reduces carbon Cool the Planet. Jabiru, and staff of the NLC in Darwin, as It was the early dry season regionally called dioxide equivalent emissions by 100,000 to well as with managers and staff of Kakadu yekkeh when Aboriginal traditional owners 200,000 tonnes per annum. The abatement My colleague and companion on this flight National Park in Jabiru and academics at of this region working for Warddeken Land produced by the ranger groups is calculated was the American anthropologist, Associate Charles Darwin University. using sophisticated remote sensing Professor Paul Nadasdy, who was on his Management Limited were out in choppers, An ambitious itinerary was arranged along techniques and is sold today under two first ever brief visit to Australia (with his vehicles and on foot lighting fires. a vehicular and aerial transect from Darwin agreements: one made in 2006 in the Western family) after a year’s residence in nearby to Kabulwarnamyo deep in West Arnhem. Today this work is undertaken in Arnhem Land Fire Management (WALMA) Indonesia. It included visits to rock art sites, Yellow collaboration with Balanda (non-Aboriginal) Agreement with ConocoPhillips; the other At the instigation of the Gundjeihmi Waters billabong and cultural centres in colleagues utilising western technology – in from a competitive auction bid under the Aboriginal Corporation, with co- Kakadu National Park; a visit to the Ranger the rugged Arnhem Land Escarpment, the Abbott Government’s Emissions Reduction sponsorship from the Northern Land Uranium Mine site and Jabiru township; a stone country, Warddewardde, helicopters Fund regulatory umbrella. The agreements Council, he came to the Top End for a visit visit to Kabulwarnamyo; and to Gunbalanya and ‘raindance’ aerial incendiary devices are for 17 and 10 years respectively. are critically important. to share some of his learnings from long- focusing on the Injalak Art Centre. The significant funds earned annually are all term research with Canadian First Nations, These were all places and institutions with This early dry season burning is beneficial rolled back into generating employment for and also to glean a comparative perspective which I have worked at various times for biodiversity conservation and carbon Aboriginal rangers and paying for helicopter on what was happening in Aboriginal/state and in various capacities over the past 40 abatement in the contemporary knowledge charters and other equipment to care for the relations - here particularly on Aboriginal- years since the passage of Land Rights systems of Bininj (Aboriginal people), and environmental and cultural values of the owned lands and national parks. law. Travelling with an expert visitor from western scientists. Warddeken Indigenous Protected Area. Paul is based at Cornell University in the USA overseas challenges one’s perspectives and It also constitutes an assertion of Aboriginal This is an example of the workings and has worked for more than two decades generates fresh questions and new insights political jurisdiction – authority over the of Aboriginal territorial and property in the Canadian north. His ethnographic about what is happening here. Here is just a management and use of the lands and rights alongside legitimate intercultural fieldwork has focused on the Southwest snippet from each day. resources now Aboriginal-owned under Yukon where he has lived and worked July 2016 • www.nlc.org.au Land Rights News • Northern Edition 19

On Day 1 we stayed at Cooinda, owned to the isolated community. This is a place incompatibilities recounted in Paul’s work consent of all traditional owners obtained by the local Gagudju Association and that I had visited on a number of occasions on ‘Hunters and Bureaucrats’ in the Yukon. after extensive consultations, ALFA is Indigenous Business Australia, but managed as a director of Karrkad-Kanjdji Limited, a With ultimate authority currently vested now engaging in the abatement of carbon by the multinational Accor Group and company committed to assist cultural and with the Minister, national priorities will (sometimes referred to as ‘carbon farming’) mainly staffed by backpackers from all over natural resource management work in West inevitably trump local ones. across a massive 70,000 square kilometres of the world. It was only when we took the Arnhem. Arnhem Land. On top of the 100,000 tonnes Next we travelled to Gunbalanya and the two-hour boat tour on the world-renowned of carbon dioxide equivalents contracted Only re-established as a residential place Injalak Arts Centre to meet staff and artists Yellow Waters guided by an Aboriginal from the WALFA project to ConocoPhillips, in the 21st century, Kabulwarnamyo is not working together in this vibrant cultural man with local connections and visited the an additional 190,000 tonnes per annum for much smaller than Burwash Landing in enterprise. The sheer, overwhelming Warradjan Cultural Centre that we got a the next 10 years have been purchased by the Yukon, but has fewer facilities with the presence of Aboriginal people here makes it sense that this was actually an Aboriginal the federal Emissions Reduction Fund. Australian government reluctant to provide clear it is an Aboriginal place. Its governance place. equitable services provision to Aboriginal is an all Bininj Board, its management This is not the occasion to discuss the The latest Kakadu National Park citizens living on their remote country, even is Balanda, artists are very visible in situ exciting potential and early governance Management Plan 2016–2026 vision seeks if they are undertaking important work in actively engaging with visitors. It is a achievements of ALFA in any detail. to ensure that the cultural and natural the national interest. thriving arts and culture business, and was But as I headed back to Melbourne, where values of this World Heritage national park out last stop before heading back to Darwin. This is clearly demonstrated by the recently- there is talk of Treaties with the First are protected and that Bininj/Mungguy established Nawarddeken Academy, a small Day 5 was Paul’s last before he returned to Nations of Victoria, I thought anew about (Aboriginal) culture is respected. bicultural community school supported Indonesia; we did two things. the relationship between territoriality, It is also envisioned that Bininj/Mungguy with philanthropic funds raised by property rights and political jurisdiction First, we discussed with NLC staff the gain sustainable social and economic Karrkad-Kanjdji Ltd to provide educational and its productive deployment in the Yukon, nature of modern Treaty-making in Canada outcomes from the park. The long struggle opportunity on country for the school-aged although many challenges clearly remain. that has evolved from a series of legal to find an active livelihood role for the children living at this remote community. decisions since the early 1970s with rights In north Australia, the overall project Aboriginal people who live in, and own, the The entire school was away at a Dalabon guaranteed under section 35 of the Canadian of appropriate sustained Indigenous Park is very much ongoing nearly 40 years language camp when we visited. Constitution Act of 1982. This includes the development has stalled despite unimagined after its establishment in 1978. On Day 4 we did two notable things. inherent right of self-government. Would expansion in Aboriginal territory. I have On Day 2 we worked intensely with the constitutional recognition in Australia been around for far too long to believe that First, we met with Kakadu National Park Mirarr traditional owners of the Ranger encompass such possibility for Indigenous enhanced self-governance and property management and staff and returned in our Uranium Mine project area and staff of forms of domestic sovereignty? rights alone will be the silver bullets to the discussion to the issue of buffalo culling. the Gundjeihmi Aboriginal Corporation. massive development challenges Aboriginal From the park’s perspective there is no Second, Paul gave a seminar at Charles Much of our discussion focussed on the people face in remote and difficult question that the estimated 12,000 wild Darwin University presenting a chapter big picture challenges the Mirarr faced circumstances. buffalo in the park (alongside the numerous from a manuscript he has completed, ‘The as the Ranger Uranium Mine moved to closure in 2021, and their ongoing efforts to secure a sustainable livelihoods for future generations through innovative education and a perpetual trust fund. Mine closure will mean not only that compensation funds paid in a benefit- sharing agreement would cease, but also that the environmental task of rehabilitating the massive mine site on Mirrar land would require completion within five years. Information provided by the mining company Energy Resources of Australia (ERA) at a new public relations office in Jabiru states that since 2012 more than $405 million has been spent on rehabilitation and water management activities. Will this be enough to restore Mirarr land to its environmental condition before a deep open cut mine pit was excavated for decades? Inevitably our discussions also focused on the future of Jabiru that is clearly in a state of decline, particularly as its population has reduced with ERA increasingly operating a fly-in-fly-out operation as activity at Ranger winds down. If the future of the township is mainly as a tourism and service hub how will its commercial enterprises – some already closed down – be sustained, especially as the popularity of Kakadu as a tourist destination seems to have peaked? Mirarr traditional owners with Paul Nadasdy and Jon Altman at the Gundjeihmi Aboriginal Corporation offices. From left: Stewart Gangali, Far more so than stated in the Management Paul Nadasdy, Jon Altman, Annie Ngalmirama (chairwoman of GAC), Ruth Gamarruwu, Martia (18 months), Melanie Elgregbud and Plan, Mirarr and others land owners want Valerie Balmoore. to see Kakadu as a distinct Aboriginal park; but having nominal political authority as a feral pigs, horses and donkeys) should be Cultural Entailments of Sovereignty: First But given the clear failure to improve majority on the Board of Management does culled, but what if the traditional owners Nation State Formation in the Yukon’. In circumstances over the last decade using not readily translate into effective control feel differently? this seminar he outlined how the resolution a heavy-handed and top down approach, over what happens in the park. of First Nation comprehensive claims perhaps the incoming Turnbull government This raises important questions about This was highlighted by a recent decision transformed human-environmental relations might be willing to consider more jurisdiction and authority. The park staff by park management to cull 2000 wild in the Yukon; modern treaties are powerful productive approaches - be they home- we met were empathetic to the notion of water buffalo in the south of the Park, a engines for social and economic changes grown forms of emerging self-governance Aboriginal control; a high proportion is decision that the Mirarr and others we spoke but require various forms of inevitable like the Gundjeihmi Aboriginal Corporation, Aboriginal, a smaller proportion, perhaps a to abhorred because almost all the buffalo bureaucratisation. Warddeken Land Management Limited, quarter, is local. were shot to waste, good meat was left to ALFA (NT) Ltd or Injalak Arts, or be they On Day 6, I met with the CEO of Arnhem rot. This form of culling is a management But their boss, the park manager, is an from elsewhere, like the productive mix of Land Fire Abatement (NT) Ltd a new option that could not be contemplated in the outsider and directly accountable to the territoriality, alongside political authority, Aboriginal company with which I am Yukon. federal Minister for the Environment and vested through modern treaties with the First collaborating in research and advocacy. Canberra, not to the Aboriginal majority Nations of the Yukon in northern Canada. On Day 3 we flew to Kabulwarnamyo. We ALFA currently represents an alliance of Board of Management or the Northern Land were able to directly observe the work of six ranger groups working across Arnhem Council with its statutory role representing the Warddeken rangers from the air and Land that is growing the WALFA model traditional owner interests. to see their impressive ranger station and described above. homeland once we had landed and driven There is clearly a significant structural Assisted by the key statutory role of the the four kilometres from the bush airstrip tension here reminiscent of the NLC to ensure the free, prior and informed 20 Land Rights News • Northern Edition July 2016 • www.nlc.org.au Borroloola: The first land claim

received wages ahead of others in the VRD The first Aboriginal Land Commissioner, Justice John Toohey, was confronted and had not joined the equal pay strikes in with “new and novel” legislation when in September 1977 he began hearing the 1960s. Gradual changes in production the first application under the Aboriginal Land Rights (Northern Territory) Act on the cattle stations were eroding demand 1976 – the Borroloola No 1 land claim, lodged by the Northern Land Council for their labour. In 1975 a deep slump in the in July 1977. beef price meant it was not worthwhile for stations to muster. Aboriginal employment The claim comprised three areas within the Borrooloola region: the Borroloola collapsed decisively at that point in the Town Common, the Sir Edward Pellew group of islands, and the (then) Gulf-Barkly district as stations and stores proposed reserve at Robinson River. shut down and the people were forced by Anthropologist John Avery gave evidence for the NLC and Traditional Owner circumstances to leave. claimants. Avery’s work, Justice Toohey reported, was “difficult and it was Many Aboriginal ringers looked back on complex and … it was done painstakingly and well”. their station days with pride and satisfaction. They remembered most the stock camps John Avery was the independent anthropologist advising Aboriginal Land where by day they mustered wild cattle Commissioners in about twenty claims from 1985 to 2000 and now works as a from the bush from horseback and did consultant. the routine cattle handling. Cattle drives th were remembered as the highlight of the On the 40 anniversary of the Land Rights Act, he recounts his experience of business. Aboriginal ringers from the Gulf the Borroloola claim. John Avery and Barkly drove mobs of cattle far beyond the usual horizons to Oodnadatta, Boulia, Alice Springs and even Mareeba. and Rights has changed everything Islands, including the five large Islands on the Barkly Tablelands. It was hard and extremely dangerous L in the Northern Territory. It has given of Vanderlin Island, North Island, Centre The white men selected the richest places work. In 1976 at Lawn Creek stock camp on Traditional Owners access to and island, Southwest Island and West Island and strategic locations, ‘big-name countries’ Alexandria Downs I saw young ringers with say over restored lands. Just as important, and numerous smaller islands and reefs in Aboriginal terms, as their homesteads. their coats sewn up against the cold tableland it has created an Aboriginal estate with above low water mark; the Borroloola town Violence ignited over cattle killing, the winds, hobbling off at daylight in borrowed political influence in the Territory and the common of 1366 square kilometres; and, occupation of key sites and interference riding boots. At night the stockmen slept nation. Rights in land, self-determination later, the Aboriginal reserve at Robinson with cattle operations and spiralled into tit- in the lee of windbreaks just tall enough to and optimism replaced the welfare and River of 39 square kilometres. for-tat hostilities. The cattle were a ready shield the back of a sitting man. Many of the protection policies that had held Aboriginal The Pellew islands and the town common source of meat and the front line force of the men bore life long injuries from this work, people in a depressing and negative space. were part of the McArthur River system, colonisation of the land. Incoming police some died. The welfare and protection regime had lost which extends inland to the rim of the and magistrates protected lives and property Hard and harsh as it definitely was, cattle political credibility steadily after World War Barkly Tablelands. Land rights arrived under an uneasy peace. station work created new opportunities to II, especially with Aboriginal campaigns at Borroloola at a time of economic and Aboriginal elders remembered how extend traditional networks and to pass on for citizenship, equal wages and land rights social change in the McArthur River-Barkly under the police the ‘wild black fellows’ traditional law. As of old, it was customary in the 1960s. Overall, these campaigns Tablelands region, as I will explain. eventually were made ‘quiet’ and rebuilt for young men, after initiation, to camp with delivered structural change for Aboriginal At the time of the land claim, Borroloola their lives around the head stations and the older single men separately from the people in the Northern Territory, securing consisted of the Borroloola Inn, a few solid depots like Borroloola and Anthony Lagoon. married people. them a stake in the future underpinned by buildings and a myriad of shanty camps At these places they could get basic rations The stock camp extended the single men’s land rights. Since 1993 the overlay of native scattered on both sides of the McArthur and a measure of visibility and protection camp and led to a widening of the ambit of title laws has cemented these gains. River. Situated about the tidal limit of the afforded by the police. tradition as local ringers mixed with others No events to date, including the McArthur River, it was established in the Until 1953, Aboriginal ordinances from different countries. The men occupied Intervention, have reversed these structural late nineteenth century to service and supply protected all persons of Aboriginal descent nights reciting the sacred ceremonial songs advantages. The hot controversies that the Gulf and Barkly Tablelands pastoral unless made exempt. In 1953, the explicitly (kujika) aligned with the traditional routes first greeted the land rights in the Northern industry. Supplies were unloaded from a racial ordinances were replaced by Welfare over the land on which they worked. Mastery Territory have cooled. NT Government boat landing downstream from Borroloola, ordinances that applied protection to people of the kujika, used mainly for ‘making ministers joined the Prime Minister and his which was the furthest navigable point listed in a Register of Wards because they men’, was a mark of male maturity and a Minister for Aboriginal Affairs to celebrate up river. Aboriginal river pilots guided were deemed in need of protection. The desirable trait in a prospective son-in-law or the handover of the Cox Peninsula to the boats through the delta and up river, umbrella of protection and welfare was brother-in-law. Men desired for their sons to Traditional Owners. Aboriginal men unloaded supplies and often administered through the cattle learn their kujika and other ceremonial law, The Borroloola land claim was first land transported them to town and Aboriginal stations jointly with government or directly to ‘follow in their father’s footsteps’. They claim to be heard by an Aboriginal Land ringers did hard and dangerous cattle work by government managers at places like also would teach their nephews (the sons Commissioner under the land rights act on the cattle stations. Eventually shipping Borroloola. Borroloola supplied workers of their sisters and brothers-in-law), who (the Aboriginal Land Rights Act (Northern was replaced by road transport and the role for the stations, arranged under the welfare. would look after their ceremonial business Territory) 1976). As the first land claim of Borroloola declined in importance except Whole families migrated seasonally as jungkayi. it was a broad target of reaction to the as a source of Aboriginal labour. between the town and the stations. The other main business was ilbinji. The change from the remnants of the welfare The Gulf-Barkly Aboriginal community The welfare regime was in terminal decline three ilbinji song cycles used in the stock regime, from a mining company intent on of the 1970s was only a few generations with the establishment of the Department camps of the pastoral region of the central developing claimed land, from peak mining, from the blood-soaked ‘wild times’, events of Aboriginal Affairs in 1972 to promote Northern Territory had originated in sacred fishing and pastoral interests and from seared in collective memory. The wild Whitlam policies for self-determination. traditions in Central Australia, evidently Northern Territory Government bureaucrats times commenced in the 1880s as whitemen Remnants of it remained entrenched at having spread through cattle work. Ilbinji and politicians. overlanded cattle westward through the Borroloola where the local manager’s ‘love songs’ expressed the longing of lovers Three main areas of unalienated crown Gulf, or via the western Queensland black brother had an interest in the Borroloola Inn. separated by stock work and could be used land were claimed: the Sir Edward Pellew soil plains, and established stations on the to lure the opposite sex with magic. Men McArthur River country, along the Gulf and Cattle station workers on the Barkly had and women wore conspicuous items, such July 2016 • www.nlc.org.au Land Rights News • Northern Edition 21

whose families held interests in smaller cattle stations southeast of the McArthur River did not normally attend these meetings though they were an integral part of Aboriginal society. The Aboriginal community at these meetings was, in effect, defined by the reach of the welfare regime, which, not only had ceased to extend to all people of Aboriginal descent but tended to exacerbate divisions. Wilders told the meeting that the government would allow Aboriginal people to claim back their traditional country in the Pellew Islands and on the town common. Afterwards, when Aboriginal people had the chance to discuss the matter amongst themselves in the camp, they knew that a land claim would mean trouble at Borroloola. Nevertheless they would fight for their country: ‘they can shoot us’. As for the details, I sensed that it was puzzling if not provocative news that these places had been taken away in the first place. It was not just that these places were unalienated Crown land and mostly unoccupied. As is well known, the concepts of western land tenures were foreign and very different from the structures in Aboriginal law. Traditional law does not envisage land as neatly bounded blocks that could ever be alienated. Aboriginal country is an open network of named places, some of which are ‘big name country’ while others are of local significance. The pathways Land Commissioner Justice Toohey (centre, wearing hat) with parties associated with the Borroloola No 1 land claim, on the site of the of ancestral figures that travelled ‘in the MIM “pilot” mine at McArthur River Station, 1977. Photo courtesy of NT Archives. beginning’ (wanggala) link the ‘big name’ countries with their smaller local sites into as buckles, badges and puggarees, which relentless singers, as it blurred the sacred to Borroloola to address a meeting of the an open network that extends indefinitely. charged with love songs to catch the eye of feather designs that decorated the wearying Aboriginal community about the land claim These travels and the associated sites are a girlfriend or boyfriend. Ilbinji and kujika dancers and comprehensively muddied the process and the prospect of a lodging a celebrated in sacred ceremonies and the were complementary cultural pursuits grounds. claim with Justice Ward. kujika songs. When asked, Aboriginal integral to the region’s way of life. With the closure of the stations Borroloola It was customary then for the community people would explain the meaning of Couples married by arrangement or became a key centre of Aboriginal law in ‘kujika’ as ‘road’, and give examples such eloped, hiding for a while before having to the Gulf and Barkly Region. Not only was as the Stuart Highway. face up and fight angry family. Marriages it one of the few remaining places where This traditional geography mirrors stuck through affection, custom and family initiations were held, the Yanyuwa and customary kinship. For example, people pressure, and it was normal for children to be Garrwa at Borroloola revived several of belonging to different countries on the same brought up by both parents. Failure to marry their higher ceremonies commencing with dreaming road through their fathers, have and to sustain marriage was uncommon in post-mortuary rites. In 1976, a Gunabibi ‘one body’ and ‘one ceremony’ and the that era. So was suicide. was held for the first time for many different local groups are ‘all company’. Though it was racist, paternalistic and years. Jungkayi had closed the ceremony They may call each other ‘fathers’ or physically harsh, cattle station work had over conflict with a similar ceremony ‘brothers’ or ‘sisters’ and so on, even if they enabled the Aboriginal people of the region considered too dangerous that belonged speak different languages. The children of to lead meaningful lives with continuing the top of the McArthur River in Gurdanji women having these dreamings in common connection to their land, former way of and Wambaya country and on the edge of by a father link are of ‘one milk’ or ‘one life and traditions. When this era came to a the tablelands. The centre of gravity, of uterus’ and are ‘brothers’ or ‘sisters’. sudden end with the stations’ closure of 1975 traditional authority, had swung from the Connections to country are given in the it was another catastrophe of homelessness tablelands to Borroloola. People from as make up of every individual and cannot be and uncertainty for the people of the region. far as Numbluwar and Wuyakiba attended taken away or given back. the Gunabibi. Energised by the revival of The connections to big name countries For those at home at Borroloola there ceremony at Borroloola, the people were often were by way of spiritual conception to no longer was a prospect of seasonal fully capable of meeting the demands of a the smaller places. While many of adults in employment and the travel and variety that land claim. came with it. Unemployed, many turned to the 1970s had spirit conception sites outside heavy drinking, sapping welfare monies. After Woodard delivered his report to their own countries, especially in the For a time the majority of senior men and the Whitlam government, the government station country where they worked and at women did not join the drinking scene, proceed to act upon it urgently. It established Borroloola, some families were quite neatly instead pursuing traditional business with interim land councils as corporations ahead mapped by conception filiation to different conspicuous energy. Other than that, it was of the statutory land councils. These could sites ranged across their country. Arrayed in a bleak time. assist with further consultation on the details this way, the family mirrored the landscape, of draft legislation, assist claimants lodge Anthropologist John Avery at his Whistling and their special connection to the smaller During the Cyclone Tracy wet season claims before an interim Aboriginal Land Tree camp, Borroloola, 1977. NLC places within stamping each one with the of 1974-5 the Aboriginal population of Commissioner and hold lands that might be Chairman Galarrwuy Yunupingu is in the unique dignity of the arcane traditions of the Borroloola had swelled to about 600 with as granted. The Interim Land Commissioner background. smaller places held within the family. few as nine Europeans remaining. Despite was established ‘in order to hasten action on Viewed from the outside, that is as the fierce weather six initiation rites were such matters as the provision of land for the to meet in the shade of a grove of mango Aboriginal saw it, white land occupation held in succession, each ‘making men’ of Gurindji of Wave Hill and for Aboriginal trees at the east of the Yanyuwa and Mara displayed much the same pattern of big several youngsters at a time. groups in towns’. In April 1975 The camp. The manager of the “welfare” depot name connected by roads, with lesser government appointed Justice Dick Ward and the local police officer usually had the Each series lasted about ten days and places as satellites networked around interim Aboriginal Land Commissioner. most business to discuss. Municipal affairs culminated in two nights when first women them. Stations were seen as centred on the Justice Ward could hear claims to land on such as the supply or firewood, the filling danced and then the men. On both nights homestead areas rather than broad expanses the basis of traditional right and on the of water drums, littering and so forth, men sang kujika songs to accompany the of country. (I eventually gave up asking basis of need and advise the Minister of misbehaviour and punishments summarily vigorous dancing at the ring place until people what station we were on, only to be Aboriginal Affairs accordingly. Apparently meted out to miscreants and supervised daylight. During the most violent of the told the station, that is the homestead, was the claim process was not intended to be by the police were standard topics. The cyclonic storms of that violent wet season, ‘over there’.) Boundaries were unfenced. singers, dancers and novices sought refuge protracted or stringent. community advisor, appointed by the new Department of Aboriginal Affairs, though Fencing was to manage cattle, not to define as best under the leafy boughs that ringed In June 1975 John Wilders and others land ownership. If there was a symbol of the eastern periphery of the ground; often senior in rank, would vie with the manager from the Northern Land Corporation (the and policeman for attention. ownership it was the cattle brand: it was the rain pelted down on the faces of the interim land Northern Land Council) flew evidence of the ownership of cattle, not The people of mixed Aboriginal descent 22 Land Rights News • Northern Edition July 2016 • www.nlc.org.au

land. The bloody trouble of the wild times (wanggala) through personal spiritual was not about land in white terms, it was connections to sites, by receiving names about the ownership of the cattle occupying from paternal ancestors two generations Aboriginal lands, killings and reprisals. back and by reenacting the traditions in The Yanyuwa people of Borroloola unchanging ceremonies. This was the therefore did not speak as if their land had meaning of ‘following the father’: not some been taken away from them. Most of the helpful guide to recruitment to a group. Pellew islands, their heartland, was vacant These differences between the external except for few white hermits. Vanderlin legal-anthropological and the internal Island, though, was occupied by Steve cultural understanding were felt from the Johnson, who ran cattle there under grazing very start, with Wilders’ request for a listing licences and with a special purpose lease of clans and countries. In a way this was over Yukuwi where he resided. His father, expected. Woodward had emphasised the also Steve Johnson, had married a woman great difference in Aboriginal and white from West Island in the Pellews. That thinking about land but it was felt to be the marriage would have been straight had she role of the leadinging anthropologists of the married an Aboriginal man from Vanderlin day to bridge the gap. It is at least ironical Island. Steve Johnson junior and his brothers that anthropology’s efforts to understand were born on the island, so it was given that land rights should return to determine under they had been spiritually conceived there. legislation how they would be recognised. Steve hunted dugong and brought meat to It took several claims before Justice give to old Tim and other senior Vanderlin John Toohey, the first Aboriginal Land men when he came to Borroloola. They Commissioner declared that the terms of the agreed Steve was right to live on Vanderlin land rights act were not to be approached as and that he should stay there to look after terms of anthropological art but to be taken it. This issue was to emerge in formulating in their ordinary meanings. Native title does the land claim. Justice Toohey found that not venture to impose extraneous definitions even the special lease was claimable under as criteria for connection so the same issues the land rights act because all the rights and do not arise. interests were held by persons of Aboriginal McArthur River people, especially the descent. coastal Yanyuwa, Mara and Garrwa, do After the meeting, Wilders asked me if I have names entities that they called ‘skins’ would produce a list of the clans and their (ngalki), the so-called (misleadingly) ‘semi- countries on the unalienated town common moieties’, which do have something to do and the Sir Edward Pellew Islands for the with connections to land. People, places, purposes of lodging a claim with Justice dreamings various other things, species Ward. I agreed at once, though soon began and natural phenomena belonged to one to have doubts. How had I missed something (or two) of the four named semi-moieties as important and obvious as the “clans” through sharing an imputed common quality Inspecting the MIM “pilot” mine. Photo courtesy of NT Archives. which Wilders had casually asked me to (ngalki). As noted, the Yanyuwa were 11 November and its subsequent electoral surveying of the islands in particular. rattle off? As Wilders departed for the air particularly firm that people should ‘follow defeat in December. Prime Minister Fraser There was no opportunity at any stage for -strip, I turned to Nero Timothy, AIM pastor the father’ for skin, ceremony and country. and his Minister for Aboriginal Affairs, substantial groups of claimants to visit the and son of Old Tim (both now deceased): “I Ideally the semi-moieties were in phase Ian Viner, continued to support land rights islands. Most of my preparation for the have been here for a good while but I have with Arnhem land moieties and with the in principle for the Northern Territory but claim was done at Borroloola or on the town not heard any talk of clans.” I explained subsections common in Central Australia. disagreed with the previous government’s common using maps. what I knew of named clans in Arnhem They fit as local variants within the open- approach, particularly with regard to land The Northern Land Council lodged the Land and elsewhere but Nero could not help ended kinship and ceremonial network claims based on needs. me. It seemed the land claim might fall over extending across much of the Northern Borroloola land claim with the Aboriginal at the first hurdle, for want of clans. Territory. The skins are too general to be The very principle of land rights was hotly Land Commissioner in June 1977. The named land-owning clans or local decent debated in the Northern Territory. The land Robinson River reserve was added to the In hindsight, the problem lay with the claim always had the potential to inflame islands and the town common. Neither anthropological theory of descent groups groups. Besides, once the technical issues of naming and structure were left aside tensions at Borroloola. It was not the only Dhene nor I had been there to survey sites; underpinning the definition of Traditional fuel for the fire. Self-management was however, we had been to areas nearby Owners in draft land rights legislation. it was easy enough to identify the people belonging to particular countries by asking. being implemented in the town under an with senior Grrwa, including with Blue In his report to the Whitlam Government Aboriginal Council while a new Community Bob, a remarkable recluse and charismatic in April 1974 Woodward had used ‘clan’ I used my own labels to identify the Advisor, Jeff Stead, set about disrupting the personality. Dhene did a flyover with senior as synonymous with the concept of ‘local different groups of Traditional Owners cosy relationship between the Borroloola men after the claim had commenced to descent group’ that was to be incorporated for different countries under claim in my Inn and the ‘welfare’ under which the pub confirm our findings. into the legislation. The clan was identified report to Justice Ward and in my later report had enjoyed free electricity and mysterious by one or more names and its members were for the 1977 land claim, and explained The land council engaged Ted Laurie QC access to government emergency supplies with Geoff Eames from the Central Land recruited by patrilineal descent: fathers to separately how these groups could be to sell when its own stores had run out. sons and daughters, then through the sons to construed as local descent groups or clans. I Council as his junior to run the claim. At the Mount Isa Mines was promoting its plans time Laurie was frequently quite ill from a the sons of sons and so on. From the outside noted the importance of spirit-child (ardiri) to develop its mineral deposits upstream this looks very much like what actually conception and of managers (jungkayi) chronic medical condition and had suffered of Borroloola on McArthur River Station, the loss of his wife in extremely tragic does happen but it did does not adequately being the children of female traditional with roads and pipeline to carry the ore to reflect how the McArthur River people saw owners. Woodward had also noted these circumstances. While he bore his suffering a deep water port on Centre Island. The lightly —I had no idea — he might not connection to country. They did not speak connections but considered descent to be land claim threatened to disrupt these plans. of land owning entities (as if they were the overriding principle of land ownership. have been able to apply himself to the case The Northern Territory Government backed as he might have in other circumstances. companies or organisations) as distinct from I followed suit. This meant that Steve the miners before during and after the the individuals connected by their personal Johnson and the majority of the people of Eames on the other hand was vigorous and land claim. In August 1976 Minister Viner combative. The land claim was shaping spiritual ties to the same country, hence they mixed descent from white fathers could directed Justice Ward not to proceed with did not name them. One of my Aboriginal not be claimants, exacerbating the divisive up as a fight with the mining company the land claims for Borroloola and Ranger, over its plans to run a pipeline and roads ‘fathers’, a most learned man, took me legacy of the welfare regime. both of which placed mining interests aside one day with the emphatic message over bridges straddling islands to a port on With this limitation the traditional claim In October I returned to Sydney having Centre Island. in Yanyuwa that there was ‘one (boss) for fell into place fairly easily for the purposes the country’, that is traditional ownership spent two violent wet seasons and the The land council did fund Dehne and me of the report to Justice Ward. Looking back following dry seasons at Borroloola with came down to the most senior man for the it seemed the most challenging task was to make an additional brief site survey of the country. minimal accommodation, with the one brief islands with a few of the senior men. Steve to make out a case on ‘need’ for the land break in Darwin. I had continued to research Second, instead of a single strand that whites had not thought useful enough Johnson was funded to provide transport connections to land for the purposes of the and assistance with the survey. We were of descent always running down the to acquire until, that is, a land claim was in future land claim. generations of men, paternal connections prospect! able to survey parts of Southwest Island, looked more like cross stitches connecting My colleague in this work was the Centre Island, North Island and some of I travelled to Darwin for the first time in very able Dhene McLaughlin who did the smaller islands but did not have time men to actual or step-grandparents in their October 1975 for my report to be presented to fathers’ fathers’ generation. Culturally, there excellent site recording and mapping for to land on Vanderlin Island or West Island. Justice Ward as the interim Aboriginal Land the Borroloola claim with the Northern A fundamentally decent and friendly man, was no imperative to define continuous Commissioner. I returned to Borroloola lines of descent from an ancestor, though Territory Museum under the National Site Steve was uneasy about our presence in his shortly afterwards. I heard nothing further Survey. This was particularly important as domain. this was could always be done on request: about it. In Canberra events were building more important was sustaining an eternal Wilders had no additional personnel and The Land Council was nervous about to the constitutional crisis that culminated in limited other resources to support detailed pattern of identities from the dreamtime the dismissal of the Whitlam government on exposing the claimants to examination and July 2016 • www.nlc.org.au Land Rights News • Northern Edition 23

hostile cross-examination in an unfamiliar ground to view the sacred rites. No doubt was true that too much reliance was placed setting. If the claimants had any experience for Justice Toohey the experience was as on the statement of claim in the claim book. of courts and tribunals it was in the criminal opaque and perplexing as the claimants’ The video evidence was unclear and weak, domain and was usually negative. The experience of the land claim process. There particularly for South West Island, and the practices that would eventually become is no reference in his report to the event. setup at the school was disastrous for the accepted of allowing Aboriginal witnesses The hearings at Borroloola concluded on Aboriginal witnesses. to give evidence at locations on the claimed 17 October 1977 and resumed in Darwin on The land council, our lawyers, Dhene and land and in the company of others were yet I November for a further 7 days. Most of I, did our best to shield the claimants from to be developed. this was occupied with detriment evidence. the process, fearing the worst. This was Nerves about the claim were unsettled in Counsel presented their final submissions a terrible error of judgment. Experience the lead up to the hearings. It emerged in on 12 December 1977. in land claims by the same people and evidence later that lands department officers On 3 March 1978 Justice Toohey delivered by others in other areas has shown that had visited several of the men who had his report to the Minister. He recommended Aboriginal witnesses are articulate and squatted on the town common to discuss that all of Vanderlin Island and West Island unchallengeable on their connections to possible leases that might be issued, but and the unalienated crown land on the Town country. We should have placed them in for the land claim. One man said he had Common (excepting small areas of special the foreground and fought for appropriately had enough useless correspondence with purpose lease) be granted. Southwest Island, comfortable arrangements for them to give the lands department ‘to choke a donkey’. Centre Island, North Island and significant evidence. The anthropological evidence and Another was rumoured to be coming to town smaller islands and islets in the Pellews site mapping would have supported and to dispose of me. One day he drove up to the were not recommended for grant. assisted the claim, as is appropriate. Borroloola Inn where I was sitting outside. Justice Toohey found that there was We knew at the time that the Wuyalia He studied me from his Toyota for a while claimants for Southwest Island had a strong before getting out and flashed a chromed insufficient evidence of the nature of the Land Commissioner Justice John Toohey traditional linkage of the Wuyaliya (semi- traditional claim to it, a truth recognised in pistol he was carrying in his pocket on his (wearing hat) talks to Ted Laurie QC, who follow up claims that found in their favour way to the Borroloola Inn shop. Evidently moiety) claimants to Southwest Island acted for the Northern Land Council during for him to conclude that they were the as well as in for the other parts of the Pellews he thought better of it and returned to his the Borroloola land claim. Photo courtesy that missed out in the first claim despite vehicle without shooting me. Traditional Owners. This was a terrible of NT Archives. disappointment for the claimants who felt Justice Toohey identifying their Traditional During the (“Fox”) Ranger Uranium Owners. The later claims Borroloola people Territory including the Northern Territory insulted snubbed, and for me. Inquiry, which heard what was actually the have made to under the land rights law and Government, Mount Isa Mines, mining, first land claim under the land rights act Otherwise, Traditional Owners were under native title law have been outstanding fishing and pastoral interests. As the author and reported on it in May 1977, traditional identified for the rest of the Pellews successes and have repaired the damage, if of the anthropological part central to the evidence was presented by pre-recorded including Centre island, North Island, a not the hurt left behind by the first claim. claim, I spent the next three or four days video. The land council decided to do the part of Southwest Island and numerous under examination and cross examination With Southwest Island and Centre Island same with the Borroloola claim using smaller islands. Justice Toohey did not from these parties on my qualifications, my lost, the energy spent during the claim videotapes of claimants talking about their make recommendations that these areas methods, my impartiality (or lack of it) and fighting against the mining easement countries. be granted along with Vanderlin and West on the substantive evidence I had presented Islands because was not able to conclude and the port at Centre Island turned out The meeting took place on 6-7 September in the claim book. Dhene suffered the same on the evidence that the claimants had to be pointless. With hindsight, the land 1977, about three weeks before the treatment, though I think for a shorter time. sufficient strength of traditional attachments council and the lawyers should have been commencement of the hearing in Darwin, As young men we felt these burdens very to these places for him to make a finding focused on ensuring all elements of the under the mango trees where community keenly. In his report, Justice Toohey kindly of traditional ownership. There was, in his matter the Land Commissioner is bound meetings were customarily held. About 200 remarked of us, "their work was difficult view, insufficient evidence of visitation and to consider were satisfied by the evidence people attended. In addition to claimants and it was complex and in my view it was of the desire to live or use these areas. adduced in the course of the claim. My based at Borroloola and the tablelands, the done painstakingly and well". anthropological evidence did not make the land council flew relatives and claimants The failure to establish the claim to case systematically with regard to all of The hearing in Darwin lasted 10 days. from Doomadgee in Queensland, and the reserve on the Robinson River was the required elements in relation to such Justice Toohey adjourned the hearing Numbulwar, for the meeting. The people disappointing but perhaps less perturbing claimant groups. We failed to pick up and to until 13 October to hear further evidence waited quietly for their turn to explain their than the losses in the islands. This area address these gaps in the evidence. These at Borroloola from claimants and other connections to the various countries as set had been made a reserve to accommodate were bitter lessons for all of us. interests. Aboriginal people who had been living at out in the land claim book. The struggle to block the mining easements The hearings at Borroloola were held in Borroloola by choice. They were relocated The tapes were duly tendered to the land and the port continued with the lodgment a room at the newly built primary school. there against their wishes, they resisted Commissioner as evidence. In his report of the second claim in 1979, which the NT The room was arranged as a courtroom and made their way back to town leaving it Justice Toohey stated: Government tried to block by declaring with school desks for the Commissioner’s abandoned. Later it was claimed as part of the town of Centre Island on extensive “To receive such a record of what took team and others in a row for counsel, a lone the Robinson River land claim. boundaries. That is a whole new story. place would offend strict rules of evidence, chair for witnesses and chairs set out for the Justice Toohey had appointed Dr Marie not being the subject of oath or affirmation audience. Local whites generally hostile to Reay, an anthropologist, to assist him The claimants eventually established and no opportunity being presented for cross- the proceedings soon occupied these seats. with the anthropological opinion and outstations on the former town common, examination. Nevertheless in proceedings One woman provided derisive commentary. traditional evidence. Dr Reay had done now Aboriginal land, the largest at such as these the use of videotapes may Many of the Aboriginal people present some fieldwork, apparently unhappily, at Wandangula on Yanyuwa/Garrwa land in be a valuable way of hearing from a large looked in from the veranda. It was a terrible Borroloola in the early 1960s. She gave the northeast, and four others on Gurdanji number of people who might otherwise find setup. evidence on her report on 12 December. land in the southwest near Ryans Bend and it difficult to give evidence and in any event Cow Lagoon at a Gurminyini closer to the When one senior man became confused She was mildly critical of my work being whose evidence if taken in the usual way main road. The land was used seasonally for and distressed under cross-examination the somewhat inclined to identify semi-moieties would prolong the hearing of claims unduly. hunting and foraging, especially by women Commissioner asked if there was anyone as clans, though apparently she agreed with I found it helpful. There is precedent in the who scoured the burnt earth for goannas, who could translate. Seeing her father’s the way the claim areas and groups had been Ranger Uranium Environmental Inquiry.” blue tongue and tortoises, though this is difficulty, the man’s daughter rushed to divided along lines of smaller local descent not done so often lately. Steve Johnson Twelve senior male claimants were flown his side and offered to translate. Counsel groups for different countries. continued to live on Vanderlin Island with to Darwin to observe the opening of the objected that the man’s daughter should Justice Toohey made some general his family as before with the consent of the hearing due on Tuesday 27 September 1977. not act as his translator. The Commissioner remarks on the role of expert witnesses elder until he died some years ago. Most were accommodated at the Baptist asked if there was anyone who could such as Dhene and me qualifying the Hostel. On the night before the hearing, translate who was not related to the witness, commendatory comments I cited earlier. He In retrospect, the Boroloola people were several of the men stayed up chatting a stipulation that ruled out every Aboriginal said: unlucky to have their claim run first before on the lawn until bedtime. That was the person in the region. A missionary, who had the standards, methods and procedures last we saw of Blue Bob, the key witness been studying Garrwa, apparently without “At the same time it is true that too close that would guide later claims were settled. for the Robinson River reserve, for some making much progress, gingerly put up his an involvement of an expert witness with It bears testimony to their special grit that 18 months. He had disappeared without hand. The Aboriginal evidence was over in the party calling him is likely to lead to has persisted beyond the first set backs to apparent trace, unknown to police, hospitals a miserable, gut-wrenching, heartbreaking misunderstanding. Perhaps this would reclaim the remainder of the Pellew Islands or government. When he eventually two days. have been avoided had Mr Avery and Mr and Robinson River Station under the Land reappeared in Borroloola he explained McLaughlin each confined his role to that Rights Act and to have extended their The ceremonial bosses had opened a new his absence with tales of wild travels with of witness and not been responsible for the coastal estate under native title laws. The Gunabibi ahead of the land claim hearings. spirits, leaving no clue where on on earth he compilation of the claim book which was in very recent determination that native title They invited Justice Toohey and other had been living. His absence from the claim essence the applicants’ written case.” exists in the Borroloola township area and lawyers to witness the sacred performances hearings was a major disappointment. extends to some commercial rights is also that were held each afternoon at sundown. Perhaps so, but I cannot see how the testimony to their fighting spirit. The hearing before Justice Toohey They felt this should convince the claimants’ written case could be compiled opened with the usual introductions Commissioner of the authenticity of their without an anthropologist on the ground and and opening remarks of the parties. The land claims. Justice Toohey agreed and, without that anthropologist giving expert parties covered the range of industry and with his associate and some other lawyers, evidence. The point I think went to the government interests in the Northern was solemnly inducted on the ceremony overall strategy for presenting the claim. It 24 Land Rights News • Northern Edition July 2016 • www.nlc.org.au

Yidumduma Bill Harney’s retrospective exhibition in Katherine By Margie West who, with artist Yidumduma Bill show it (the paintings) everything might get lost. That’s why Harney, curated a retrospective exhibition of his works. I paint for all the young ones and the Wardaman. They’re very interested and want to know the story so they can get Well-known Wardaman artist Yidumduma Bill Harney a good understanding about what the culture means in the has been honoured with his first retrospective exhibition at paintings. So we’ve been giving the story about what the the Godinymayin Yijard Rivers Arts and Culture Centre in Dreaming is. That’s what motivated me all the way. I’ve got Katherine. to show all this in my painting before I finish." It’s been a long time coming for this remarkable man who Now in his 80s, Yidumduma continues to be a major has now been painting since the 1990s. In indomitable style, force in the Katherine region, running his cattle station at Yidumduma staged his first solo exhibition at the Museum Menngen, working with an array of academics on various and Art Gallery of the Northern Territory with paintings on projects, occasionally undertaking rock art tours, and sitting wood – similar to the ceremonial headboards once used in on numerous boards including the Godinymayin Yijard Wardaman ceremonies. After that he switched to painting Rivers Arts and Culture Centre, Katherine West Health, canvas and has been one of the most consistent entrants in Gregory National Park and the Katherine Water Committee. the Museum’s National Aboriginal and Torres Strait Islander Art Award ever since. He’s also a member of the NLC’s Katherine Regional Council and was acknowledged by its CEO Joe Morrison Bill Harney draws much of his inspiration from the who, as a close countryman from Katherine, opened Bill’s extensive rock art in his country, often called the Land exhibition in May 2016, praising his ‘prowess, intellect and of the Lightning Brothers because of the remarkable deep knowledge of his country and its rock art, of astronomy anthropomorphic beings that dominate many of its shelters. and of the customs of the people who have belonged to that However he says he’s careful not to copy these rock land since time began.’ images directly, because they are the sacred ‘shadows’ of the actual Dreaming ancestors who disappeared into the Thanks to Visions of Australia and the Godinymayin Yijard rock during the Buwarraja (Dreaming). Rivers Arts and Culture Centre in Katherine, many others will be priviledged to see the "Yidumduma Bill Harney, Bush Yidumduma is now the Wardaman’s most senior initiated Professor” show during its national tour between September man who sees painting as a way of passing on his extensive 2016 and July 2018. knowledge to his children and grandchildren: “If we don’t

2016 NT RANGER AWARDS Developed by the NT Government, the Working in hot and humid weather in the Participants carried out extensive site Land Management Team. Under the Ranger Awards recognise outstanding baking sandstone of the West Arnhem Land recording, environmental protection and leadership and direction of Albert Myoung contributions and efforts of individuals and escarpment, these 33 rangers worked a interpretation works at 36 rock-art and other (Malak Malak senior Traditional Owner and teams who are leading the way in caring combined total of 4766 hours fighting fires culturally significant sites within Limmen Cultural Advisor), the rangers undertake a for country and culture, and developing – an outstanding team effort. National Park. The project would not have variety of important management activities partnerships and new and innovative ways been successful without the knowledge, across the Malak Malak Aboriginal Land The work of this team, combined with the for doing this important work. commitment and support of the senior and Trust in the Western Top End. This includes burning undertaken earlier in the season, junior Alawa, Marra and Gudanji Aboriginal the control of invasive plants and animals, The 2016 winners are: ensured that the cultural and environmental people who participated in and guided the fire management, sacred site protection, assets across the IPA were protected from Outstanding Environmental Achievement project. environmental monitoring, visitor devastating late dry season fires. The West – Integrated Feral Management Team, management and permit compliance. A Arnhem Land Fire Abatement project, of Innovation in Protected Areas Kakadu National Park, in recognition key achievement of the Malak Malak Land which Warddeken is a member, abated a Management – for the team who developed of their ground-breaking, ongoing and Management team is their ongoing efforts record 230,000 tonnes of greenhouse gas the Garig Gunak Barlu National Park successful efforts in controlling Mimosa, and success in controlling the spread of emissions. Integrated Conservation Strategy (ICS). other Weeds of National Significance and Weeds of National Significance, including feral animals within this World Heritage Leadership in Protected Areas The team that created the Garig Gunak Barlu Mimosa, Parkinsonia and Gamba grass listed protected area. Management – Josephine Grant from the ICS were from many areas of government across 30,000 hectares of Aboriginal land Central Land Council, in recognition for and non-government and included members bordering the Daly River. Upholding both the natural and cultural her leadership and outstanding contributions of the Cobourg Board and Traditional values within a World Heritage area is a in supporting and mentoring various Owners, Park rangers, planners, GIS huge obligation, and the team works with Indigenous rangers from across the CLC specialists and scientists from the Parks and the Park’s Traditional Owners to ensure region. Wildlife Commission, Department of Land weed and feral eradication techniques do Resource Management, Charles Darwin not compromise these values. The majority Josephine has been involved in the CLC University and the Darwin Centre for of the team are Bininj staff who are proud ranger program since 2012 and has Bushfires Research. to be working on and protecting their own progressed rapidly from a ranger to senior country. ranger in Tennant Creek, then to a regional The Park is nationally and internationally ranger support officer role across the significant for its wetlands, endemic species, Outstanding Team Effort – Warddeken Northern CLC region. relatively unmodified landscapes, extensive Land Management Limited, in recognition mangroves and rainforest, nesting sites of of their outstanding achievement in working As a regional ranger support officer, she threatened marine turtles and is home to as a team with their neighbours to manage has developed strong partnerships with five more than 20 threatened species. 2015 late season wildfires that threatened remote ranger groups and the traditional vast areas of country within Kakadu National owners governing these groups where she The team worked together over many Park, the Warddeken Indigenous Protected acts as mentor, project leader, and acting months to develop the ICS for Garig Gunak Area and surrounding areas. group coordinator. Barlu National Park which summarises the Park’s key values and outlines how these Warddeken Land Management Limited Commitment to Partnerships and values will be protected and maintained by nominated a team of 33 Warddeken rangers Diversity – NT Parks and Wildlife managing key threats. who in 2015 attended and successfully Commission Gulf Team, for their Rob Lindsay, The Hon. Bess Price MLA suppressed more than 21 wildfires across the Aboriginal Rock Art Site Protection project The Outstanding Environmental and Amos Shields (Malak Malak Land 1.4 million hectare Warddeken Indigenous in Limmen National Park. Achievement (Highly Commended) went Management) Protected Area. to Rob Lindsay and the Malak Malak