arch/April 2002 May/June 2002 No.3/2002
May/June 2002 No.3/2002
The Native Title Newsletter is published on a bi-monthly basis. The newsletter includes a Contents summary of native title as reported in the News from the Native Title press. Although the summary canvasses me- Research Research Unit Unit 2 dia from around Australia, it is not intended to be an exhaustive review of de- Features velopments. NativeAn update Title onBusiness the British -Travelling Columbia Art The Native Title Newsletter also includes Treaty Process by Mark McMillan 3 Exhibition 5 contributions from people involved in native title research and processes. Views ex- YortaMaMu Yorta Canopy – CourtWalk Report 7 pressed in the contributions are those of the by Lisa Strelein 7 Ngarla Pilbara Leadership Training authors and do not necessarily reflect the NativeCourse title in the news 119 views of the Australian Institute of Aborigi- nal and Torres Strait Islander Studies. ApplicationsNative title in the news 10 13 Notifications 14 Applications 15 Recent publications 14 NotificationsNative Title Research Unit publications 16 STOP PRESS Recent Publications 16 The Native Title Conference 2002: Outcomes and Possibilities Geraldton 3 -5 September Native Title Research Unit publications 17 Registrations close 16 August
The Newsletter is now available in ELECTRONIC format. This will provide a FASTER service for you, and will make possible much greater distribution. If you would like to SUBSCRIBE to the Native Title Newsletter electronically, please send us an email on [email protected], and you will be helping us pro- vide a better service. Electronic subscription will replace the postal service, please include your postal address so we can cross check our records.
Promoting knowledge and understanding of Australian Indigenous cultures, past and present NEWS FROM THE NATIVE TITLE RESEARCH UNIT
International speakers confirmed For more information see the Provisional We are delighted to announce that we have Program or contact Patrick McConvell on two international guests who will give pa-
For a copy of the brochure and registration The merger of this important history, as form see the web page at - stored in the Institute's collections, and new http://www.aiatsis.gov.au/rsrch/ntru/ntru_ media technologies has been made possible conferences.htm through an ATSIC funded digitisation pro- or telephone 02 6246 1161, or email gram grant. The website marks the begin- [email protected] ning of a series of projects which will enable quick comprehensive access for those who wish to learn from history for the benefit of Workshop on Genealogies the future.
AIATSIS is hosting a workshop on the The website is located at preparation and use of genealogies, espe- www.aiatsis.gov.au/treaty.htm cially in applied social science and Australian Indigenous studies. The workshop is being run by Patrick McConvell (Research Fellow) Two new Issues Papers and Grace Koch (Native Title Research Unit). The unit has published two new Issues Pa- pers. The May Issues Paper number 15, 'Preserving culture in Federal Court pro- ceedings: Gender restrictions and anthro-
Native Title Newsletter No. 3/2002 2 pological experts' is by Greg McIntyre and of music with land. The book, Dyirbal Song Geoffrey Bagshaw. The paper considers Poetry: the oral literature of an Australian rainfor- how gender restricted evidence in native title est people, which she co-authored with claims is often an integral feature required to R.M.W. Dixon, won the 1996/1997 Stanner establish and substantiate connections to Prize jointly with the Bringing Them Home country. The authors' argue that the Federal Report. She has also done work in oral his- Court has to consider the public interest in tory and was compiler of the book, Kaytetye respecting the cultural concern of native title Country: an Aboriginal History of the Barrow claimants. The paper discusses the Federal Creek area. Grace has lectured on aspects of Court's approach to these issues in two re- Aboriginal music and society both nationally cent cases, Yarmirr and Ward. and internationally, presenting courses and seminars in Rome, Paris, Vienna, the U.S.A. The June Issues Paper, number 16, is by Sir and Australia. Anthony Mason, AC KBE and is titled 'The international concept of equality of interest Grace has been a contract researcher with in the sea as it affects the conservation of the Central Land Council for three land the environment and Indigenous interests.' claims and the Davenport-Murchison and This paper explores how the claim for col- Hatches Creek Township Native Title lective international exploitation of marine Claim. Her work has concentrated on gene- and submarine resources has been associ- alogies, women’s ritual and songs. ated in more recent times with the concept of the 'common heritage of mankind.' Ma- Since 1980 Grace has been active in the In- son argues that if such a concept is to be ternational Association of Sound and used, it would need to be adapted to benefit Audiovisual Archives (IASA), serving as Indigenous people. chair of two committees and Editor of the Association and, presently, as interim Sec- retary of the new Research Archives Com- New staff member mittee, which will have a strong focus on the protection of Indigenous intellectual We will miss Angela Terrill, Native Title Re- property rights as related to audiovisual search and Access Officer, who left at the materials, which is one of her main areas of end of June to take up a grant with the Max interest. In 1999, Grace, along with two In- Planck Institute on Endangered Languages. digenous representatives from Australia, was She has moved to Nijmegen, in the Nether- an invited participant to the Unesco semi- lands, to work with a team on this exciting nar, 'A Global Assessment of the 1989 Rec- project, which is funded for three years. ommendation on the Safeguarding of Traditional Culture and Folklore…' That Grace Koch is the new Research and Access same year, she was funded by the Ford Officer. She has worked AIATSIS since Foundation to present issues of protection 1975 in the Audiovisual Archives, and has of Indigenous intellectual property at a had many positions, including Sound Archi- workshop on research archives held in vist (Oral History and Music), Manager Manesar, India. (Audiovisual Collections) and most recently, in the Audiovisual Access Unit. She has Grace looks forward to helping clients, ex- been a Member of AIATSIS since 1982. tending networks and increasing her knowl- edge of native title issues. Grace’s academic background is in musicol- ogy, and she has published analyses of Aus- tralian Indigenous music jointly with Library news linguists such as Luise Hercus, Paul Black and R.M.W. Dixon as well as a number of The Library is a vital part of the Institute encyclopaedia entries on the music of Cen- with a diverse range of material held in its tral Australia, Cape York and the connection collections.
Native Title Newsletter No. 3/2002 3 Services protected by an electronic security system, The Library is open to the general public for and do not circulate outside the Library. A study and reference. Contact the Library on conservator is on staff to undertake work on 02 6246 1182 or email li- collections. [email protected]. A specialist informa- tion service is available for those researching Recently the Library added over 600 manu- family history. The Family History Unit can script records to the Register of Australian be contacted on [email protected]. A Archives and Manuscripts web site hosted freecall service is available for Indigenous by the National Library of Australia. clients. The number is 1800 730 129. RAAM provides researchers with a conven- ient, centralised register of locations for The AIATSIS Library contains one of the primary research material. It can be ac- most comprehensive collections of print cessed at http://www.nla.gov.au/raam/ materials on Australian Indigenous studies in the world. You can search the catalogue Library staff welcome your enquiries and on line at http://mura.aiatsis.gov.au. The look forward to you visiting the Library. catalogue includes bibliographic details of all The Library is open on Monday, Wednesday Library materials. Assistance in using the to Friday. catalogue is only a phone call away.
The Collections Research within Archives The Library welcomes donations of materi- als, which match the Library's collection Annie Pratten is a Koori woman now based policy and which enhance the research value in Adelaide who spent three years at of its collections. Donors may be entitled to AIATSIS in the mid 1980s as a trainee in take an income tax deduction by claiming film and video. She has just spent two their gift of rare or manuscript materials un- months at AIATSIS listening to audio ar- der the Cultural bequest scheme. chives held at AIATSIS. What follows is an account of her research. The Library seeks unpublished works, such as personal papers, diaries, field notes and Within the Archives Program, work is un- other works relevant to Australian Indige- derway to provide greater access to archival nous studies. Collections of papers of or- material. A great deal of the Institute's ar- ganisations and individuals are welcome chive materials are only searchable on a spe- additions. Recent collections received in- cialised 'shadow catalogue' accessible only clude the personal papers of Joe McGin- by AIATSIS staff. This is the case where ness. Should you wish to donate or deposit materials are not documented or access re- material, please contact the Library on +61 strictions are unclear. This may occur, for 2 6246 1182 or email [email protected]. example, when collections of tapes are do- nated to the archive without further infor- Monetary donations are also welcome. The mation. Unshadowing the collections often Library is keen to establish an acquisition involves considerable work but provides a fund which will build up over time and greater wealth of material that is accessible which will facilitate the purchase of rare and and often results in materials being search- unique materials. Dr Barry Cundy attended able by remote clients via the internet. This the auction of the library of Tom Austen in turn gives clients a greater understanding Brown on the Australian Aborigines. One of of the extent and relevance of material held the items on the Library's wish list was sold by the Institute. In the end, this facilitates for $63,826 unfortunately not to the Library. more efficient service by the Native Title Research and Access Officer. The Library houses rare books and manu- scripts in a closed stack area under envi- I have spent the last eight weeks listening to ronmental controlled conditions. They are audio archive tapes from a National Parks
Native Title Newsletter No. 3/2002 4 and Wildlife Service Survey into Sacred Sites ATSIC, AIATSIS and ANTaR are co- carried out between 1973 and 1983 and do- hosting the National Treaty Conference to ing associated research in order to provide be held from the 27-29 August 2002 at the detailed and accurate documentation for National Convention Centre, Canberra. The part of this extensive collection. These tapes conference aims to inform non-government were recorded primarily by Howard organisations, bureaucracy, legislature, busi- Creamer, a non- Aboriginal Anthropologist ness and the wider community on the bene- and several Aboriginal Site Officers, in- fits of a concept of a treaty between cluding Ray Kelly, Glen Morris and Trevor Aboriginal and Torres Strait Islander peo- Donnelly. ples and the Commonwealth of Australia.
This research and documentation will Over the last year, ATSIC has taken a lead- greatly assist Koori and Goori peoples from ing role in pursuing the treaty debate, by the areas complete their native title and per- delivering a comprehensive education pack- sonal research. The documentation com- age on the concept of a treaty to the major- pleted during this two month contract ity of Aboriginal and Torres Strait Islander compliments the field notes made by How- communities throughout Australia. ard Creamer for sites in Wangkumara, Dhanggatti, Gumbaynggir and Githabul Issues that will be discussed at the confer- country. ence include the sovereignty of the Austra- lian nation; coexistence between Aboriginal This research is unfortunately long overdue peoples, Torres Strait Islander peoples and and having been funded for two months has the Australian community; agreement mak- only just begun. In the light of potential na- ing; and the economic and social value of a tive title claims, there are thousands of treaty to Australia. hours of archival audio tapes in need of such attention in order to provide more Speakers include Dr David Irvine, leader of culturally appropriate and equitable access. I the Progressive Unionist Party in the hope more funding will be found to con- Northern Ireland Assembly, Dr Mick Dod- tinue this work. son, Prof Macia Langton, Mr Michael Man- sell, Mr Patrick Dodson, Dr Kerryn Phelps and Prof Larissa Behrendt. Reminder of upcoming Treaty confer- ence
FEATURES
Native Title Business : Travelling Art by Joan Winter and will tour around 25 Exhibition venues throughout Australia by the Re- 1 July 2002 - 31 October 2005 gional Galleries Association of Queensland. by Joan Winter The artworks in Native Title Business are A new national travelling art exhibition ex- cultural evidence; community substantiation amining the links between Indigenous art of the past and the needs of the present, in and native title was launched at the Queen- the face of massive ignorance and misrepre- sland Museum during NAIDOC week sentation of Australia’s post contact history 2002. and of what native title is, where it has come from, and how it effects Indigenous Native Title Business is presented by the Gu- communities. rang Land Council in Bundaberg, curated
Native Title Newsletter No. 3/2002 5 This exhibition will do much to promote In 1997 members of the Ngurrara Land understanding, communication and recon- Claim were asked to prepare a map for their ciliation throughout regional centres of native title claim. Not schooled in cartogra- Australia during it’s three year tour. It does phy, artist members from Mangkaja Arts this with humour, invention beauty and ac- Centre at Fitzroy Crossing chose to paint knowledgment. their country in a massive 18 x 12 metre canvas, which each member stood on and Works include paintings, prints, photogra- pointed to when giving evidence. The phy, mixed media, installation, carving, tex- painting was then taken to Canberra and tiles and ceramics, reflecting the dynamic ceremoniously danced on to remind those diversity of contemporary Indigenous arts sitting in the High Court of the depth of practice. their claim. Some such examples will be presented in Native Title Business, for the use Native Title Business is accompanied by exten- of Indigenous artwork in native title claims sive information detailing land agreements, has become commonplace. It is an invalu- current negotiations, past and continuing able way for our two cultures to meet. injustices and issues, coming home/back to country and other success stories. This in- The development and tour of this exhibition formation was researched and written by the was made possible by the Central Queen- staff in the Native Title Research Unit, sland University and the Federal Govern- AIATSIS. ment’s national touring exhibitions funding program, Visions of Australia. Visions of Artists in all stages of their careers, from Australia aims to provide all Australians, more traditional communities to urban wherever they live with better access to the based, young and older artists are repre- nation’s cultural heritage. sented. Artists include Fiona Foley, Michael Anning, Ian Abdulla, Michael Riley, Julie Other funding support has been received Dowling, Michael Nelson Jagamara, Than- from the Aboriginal and Torres Strait Is- coupie and Bronwyn Bancroft. lander fund of the Australia Council, the Federal Government’s arts advisory and The meteoric rise of the Australian contem- funding body. The exhibition has also re- porary Indigenous visual arts movement had ceived support from the Besen Family it’s origins deep in the great Western Desert Foundation, National Native Title Tribunal, of the Northern Territory just three years Aboriginal and Torres Strait Islander Com- before the first Land Rights legislation was mission, Gambling Machine Community enacted there in 1976. The continuing dy- Benefit Fund, Multicultural Affairs Queen- namic change and growth of this extraordi- sland, Commonwealth Regional Arts Fund, nary arts movement has been, and continues and the Gurang Land Council and to be, bound with Indigenous communities’ AIATSIS. call for acknowledgment, self determination, social justice and the return of some land The exhibition will tour venues in Brisbane, and sea rights. Hervey Bay, Gladstone, Rockhampton, Cairns, Townsville, Toowoomba, Noosa, Desert painting first developed as a way to Moree Plains, Port Macquarie, Sydney, Can- teach the young about country. It soon fol- berra, Wangaratta, Wagga Wagga, Sale, Mel- lowed as a way to inform our politicians, law bourne, Launceston, Hobart, Horsham, makers and those in the general Australian Mildura, Mt Gambier, Port Pirie, Adelaide community of Aboriginal and Torres Strait and more. Islanders peoples' great need to regain something of their loss, and to show that in Further information many communities, great knowledge and Joan Winter, Curator connection to country still exists despite Tel: 0427 517 464 separation and removal. Email: [email protected]
Native Title Newsletter No. 3/2002 6 20 September - 22 October Fiona Marshall, Exhibitions Officer, Re- • Horsham Regional Gallery gional Galleries Association of Queensland 4 November - 9 January 2005 Tel: 07 3215 0826 2005 Email: [email protected] • Mildura Arts Centre 14 January - 27 February Glenis Jay, Marketing Manager, Queensland • Riddoch Gallery Mt Gambier Museum 4 March - 17 April Tel: 07 3840 7694 • Murray Bridge Regional Art Gallery Email: [email protected] 22 April - 22 May • Itinerary of Native Title Business Port Pirie Regional Art Gallery 2002 28 May - 3 July • • Queensland Museum Walter Nicholas Memorial Gallery 1 July - 11 August 8 July - 14 August • • Hervey Bay Regional Gallery Tandanya Adelaide 10 September - 5 October 20 August - 31 October • Gladstone Regional Art Gallery & Mu- seum 11 October - 2 November • MaMu Canopy Walk CQU Rockhampton/Duaringa Shire by Rowan Foley Gallery, Blackwater (half show) 8 November - 10 December The development of the MaMu Canopy 2003 Walk in the rainforest near Innisfail in • Cairns Regional Gallery North Queensland, will become a major 31 January - 16 March tourism icon based on the MaMu native title • Perc Tucker Regional Gallery Townsville applicants' land and culture. 21 March - 27 April • Toowoomba Regional Art Gallery The development of the $7million MaMu 8 May - 15 June Canopy Walk has involved the signing of an • Noosa Regional Gallery historic Heads of Agreement. The Agree- 20 June - 13 July ment, written by representatives from the • Moree Plains Gallery North Queensland Land Council (NQLC), 26 July - 28 August has taken over a year to finalise. • Port Macquarie Hastings Regional Gal- lery 10 September - 19 October The Heads of Agreement was signed at a traditional ceremony by all the MaMu native • Boomalli, Sydney title applicants, NQLC, Wet Tropics Man- 29 October - 30 November • agement Authority (WTMA), Queensland National Museum of Australia Parks & Wildlife Service (QP&WS), 5 December - 16 February 2004 Johnstone Shire Council (JSC) and the local 2004 Member the Hon Warren Pitt signed as a • The Exhibitions Gallery Wangaratta witness on behalf of the State Government 20 February - 21 March on the 24 March 2002. • Wagga Wagga Regional Gallery 26 March - 7 May In summary, the agreement acknowledges • Gipsland Art Gallery Sale and protects the cultural heritage values of 14 May - 13 June the MaMu native title claimants, binds in • Melbourne Museum good faith the JSC to the State Government 24 June - 7 August acceptance of their native title connection • University Gallery Launceston report and ensures an economic stream will 13 August - 17 September flow to the MaMu people who will be on • Carnegie Gallery Hobart the Trust that will own the development.
Native Title Newsletter No. 3/2002 7 The cultural heritage, environmental, geo- ties in the area, the Heads of Agreement is techical and topographic studies have been actually bigger than this. The agreement is completed and the economic feasibility looking to gain an undertaking from the study is very positive. The next step is to various groups to work through concerns advertise for commercial partners and they held by MaMu people about how their tra- are already starting to line up. ditional country is managed for tourism purposes both now and in the future. The Heads of Agreement and Canopy Walk development demonstrates that native title Heads of Agreement is a positive element and essential compo- Preliminary nent of the Traditional Owner’s involve- ! Native Title area means the area under ment in regional economic development. claim in the MaMu Native Title claim number Q6014/01 in the Federal Court The MaMu Canopy Walk should be com- of Australia pleted by the end of 2003 and open for business. 1. The JSC, QPWS and WTMA acknowl- edge and affirm that the MaMu people What follows is an extract of the agreement have a significant interest and responsi- that has been signed. It has been included to bility in the area for the planned Canopy provide detail and information for others Walk development that comes from who may be interested or looking towards their traditional law, traditional customs forming the same kind of agreements. and traditional culture outlining the use, care for and preservation of the land MaMu Canopy Walk - Heads of Agreement1 and natural/ cultural resources. Preamble This ‘Heads of Agreement’ is a way of get- 2. The JSC and MaMu people agree to ne- ting the different groups to agree to work gotiate their respective interests within together in good faith to find answers to the native title determination application issues that can be of benefit to everyone in- Q6014/01 in good faith. JSC agrees to volved. It will not necessarily show the an- be guided by the State’s acceptance, for swers to the problems straight away. the purpose of mediation, of the MaMu Rather, it sets out the framework by which as native title holders for the land and the different groups will work together to water included within Q6014/01 when the best of their ability to come up with an- negotiating its interests. swers that are acceptable to all those in- volved. 3. Subject to clause 8 all parties are com- mitted to investigating the concept of a It is the intention of this particular agree- canopy walk and associated visitor fa- ment to commit the Traditional Owners, the cilities in the region. local Native Title Representative Body, rele- vant government land management agen- 4. The MaMu people and the NQLCAC, cies, and the Local Government authority to their Native Title Representative Body, work together in an attempt to develop a acknowledge and affirm that the QPWS Canopy Walk and associated visitor facilities and the WTMA have significant inter- in the Wooroonooran National Park and the ests due to their statutory responsibili- immediate area located within the traditional ties with respect to the management of country of MaMu people. the area’s natural and cultural values.
Although looking at the proposal to develop 5. The parties acknowledge and affirm that a Canopy Walk and associated visitor facili- the JSC have local government respon- sibilities and interests in the manage- 1 For publication purposes, the details of who the ment of the shire that surrounds agreement is between has been left out. The actual Wooroonooran National Park. terms of the agreement is considered more relevant.
Native Title Newsletter No. 3/2002 8 culturally sensitive areas or other loca- 6. The MaMu Aboriginal Corporation, as tions important to Traditional Owners representative of the MaMu people, will within the Wooroonooran National be included in any Trust, Body or Cor- Park and surrounding WTWHA. There porate entity that is established for the are provisions for restricting access pur- effective ownership of the Canopy Walk suant to the Nature Conservation Act and associated freehold land. and other relevant legislation will be ex- plored where appropriate. 7. All parties agree to explore options that will ensure the flow on of sustainable 12. Whilst the parties agree that such an economic benefits to the MaMu people agreement relating to co-operative man- through the MaMu Aboriginal Corpora- agement arrangements will be consistent tion or other appropriate corporate with statutory responsibilities of the body in relation to the canopy walk and QPWS/EPA, WTMA and NQLCAC in associated visitor facilities. relation to the protection and presenta- tion of the natural and cultural values of 8. The parties acknowledge that there exist the region, consistent with current Envi- in the Palmerston region areas of sig- ronmental, Cultural Heritage, Protected nificant conservation, heritage and edu- Area and Native Title legislation, this cational value encompassing does not preclude exploring the need for environmental, historical and cultural changes in this area. features, the protection of which is the responsibility of the MaMu people, Lo- 13. The parties agree that areas of high con- cal, State and Federal Governments. servation and cultural value shall be identified by a regional assessment proc- 9. All parties are committed to work to- ess according to agreed national and in- gether in good faith to develop a par- ternational criteria. There shall be an ticipatory management regime for the independent review acceptable to all ecologically, economically, socially and parties in the case of a dispute in rela- culturally sustainable management of the tion to the assessment of these values. Wooroonooran National Park and sur- rounding tenures within (and adjoining) All parties agree and acknowledge that there the WTWHA, and to develop harmoni- is nothing in this agreement that is intended ous relationships amongst all interests in to impact negatively or lessen the native title the area that recognises the unique rights and interest of the MaMu people. MaMu relationship to their traditional country. Ngarla Pilbara Leadership Group 10. Subject to clause 8 all parties are com- Training Course mitted to negotiate in good faith a for- by Yamatji Land and Sea Council mal management agreement or Indigenous Land Use Agreement From the 14 - 17 June 2002, the Yamatji (ILUA) or equivalent which establishes Land and Sea Council organised the Ngarla co-operative management arrangements Pilbara Leadership Group Training Course. designed to protect the native title rights The purpose of the course was to provide a and cultural heritage interests of the group of Ngarla native title claimants with MaMu people in the Wooroonooran an intensive course in native title and a National Park. chance to actually see and visit all of the in- stitutions that are involved in the native title 11. The parties agree that such an agree- process. It was also hoped that the course ment relating to co-operative manage- would give participants an opportunity to ment arrangements may include the think about and discuss what they wanted exclusion of the general public from out of their native title determination and be
Native Title Newsletter No. 3/2002 9 better placed to disseminate their knowledge • native title and land tenure, to the rest of the community. • the role of other parties in the native title claim process, Specifically the course was designed to pro- • outcomes of various native title determi- vide participants with: nations around Australia, in particular 1. a better understanding of native title law the Nharnuwangga, Wajarri and Ngarla and the Native Title Act 1993 (Cth), with Peoples determination, a focus on consent determinations and • issues relating to pastoral leases, and Indigenous land use agreements; • 2. an understanding of the roles and func- the possibilities for social (non-native tions of the National Native Title Tri- title) outcomes from consent determi- bunal (NNTT) and the Federal Court of nations. Australia; The working group also met with represen- 3. the opportunity to participate in discus- tatives from the Indigenous Land Corpora- sions about options for corporate and tion, the Department of Fisheries and other decision making structures for their stakeholders prior to their trip to Perth. claim, including participating in a PBC workshop conducted by the NNTT; Outcomes 4. the opportunity to participate in discus- Feedback from the group indicates the sions with other stakeholders/parties re- course was very productive and worthwhile. garding possible outcomes for their The group particularly enjoyed their visits to consent determination; the Federal Court, the National Native Title 5. a tour of Parliament House; and Tribunal, Parliament House and the De- 6. a visit to the Perth office of the Yamatji partment of Mineral and Petroleum Re- Land and Sea Council that would in- sources. Nora Cooke, Ngarla Working clude a workshop on the operation of Group member and PNTS Steering Com- the future act regime. mittee representative, remarked that the trip had generated a momentum among the In preparation for the course, the Ngarla working group and that they have a much claimants participated in a series of work- stronger sense of the task ahead of them shops at their working group meetings. with regard to the various players involved These workshops were conducted by the in mediation. She also said that a number of Pilbara Native Title Service (PNTS) with the the younger claimants have 'stepped up' in assistance of the NNTT. their role and now speak from a more in- formed position and with greater confi- The workshops included a viewing of the dence. NNTT video 'Native Title in Brief' and dis- cussions on: • the native title determination application process,
NATIVE TITLE IN THE NEWS
National The Federal Aboriginal Affairs Minister On the night of the tenth anniversary of the Phillip Ruddock has claimed that develop- Mabo decision, Mr Clark announced a new ment in the Northern Territory was being task force of Indigenous leaders to tackle stifled by the NT Aboriginal Land Rights Act. the “unfinished business” of Indigenous The Federal Government has promised to rights. Courier Mail 4 June 2002. streamline the Act by removing barriers to economic development and devolving con-
Native Title Newsletter No. 3/2002 10 trol from land councils to more localised 300 km east of Katherine. It is boarded on bodies. Kalgoorlie Miner 23 May 2002 the southern boundary by the Roper River and to the north and east it joins with land granted to the Arnhem Land Aboriginal The High Court has reserved its decision on Trust. Media Release Department of Immigration the Yorta Yorta people's native title claim and Multicultural and Indigenous Affairs, Federal after a two day hearing. Part of the appeal is Government 17 May 2002 to test aspects of the common law and the Native Title Act that requires unbroken tra- ditional links for title to be granted. Sheppar- The Northern Territory has ended nearly 25 ton News 27 May 2002 years of wrangling over the Kenbi land claim. The claim was lodged by the North- ern Land Council on behalf of the Larrakia The Attorney-General Daryl Williams has people in 1977. Chief Minister Clare Martin said that the resolution of native title issues said the Government would withdraw an in 2002-3 will cost $130 million. The Attor- appeal against the claim lodged by the for- ney-General said that the funding would be mer Government last year. Northern Territory shared between the National Native Title News 9 May 2002 Tribunal, the Aboriginal and Torres Strait Islander Commission and the Attorney General's Department. The aim of the Western Australia funding is to speed up the process and to support participants. Advertiser (Adelaide) 15 The Wongatha native title claim will be May 2002 heard in Kalgoorlie-Boulder between June 17 and August 2. More than 2,000 Aborigi- nal people are involved in the claim, which Radio broadcaster Alan Jones from 2UE has stretches over almost 184,000 sq km of the won the final stage of a defamation case North Eastern Goldfields. The final deci- over comments he made about a native title sion by Justice Kevin Lindgren indicated claim. Australian Associated Press 14 June that he would grant three to four days in- 2002 stead of the requested thirteen at Leonora but that the remainder would be held in Northern Territory Kalgoorlie. Kalgoorlie Miner 15 May 2002 The High Court has rejected 7-0 the claim by 10 individuals, over a 10,000 sq km sea- The Swan Valley Nyungah Community is bed between Darwin and Melville Island. seeking a protection order that will block Director of the Northern Land Council the development of a residential site cover- Norman Fry said the council was disap- ing 300 ha of Bushmead Rifle Range on the pointed but was not defeated on the ques- borders of Swan, Kalamunda and Mundar- tion of Indigenous sea rights. Mercury Hobart ing. Community elder Robert Bropho said 31 May 2002. the site was spiritually significant. Co- applicant and elder Kevin Cameron also said that the area contained Aboriginal sites and On the 17 May 2002 the Attorney-General, endangered animals like the short-necked Daryl Williams, Acting Minister for Immi- turtle. Midland Reporter 25 June 2002 gration and Multicultural and Indigenous Affairs handed over the deeds of title for the former Urapunga cattle station in the Until the High Court makes a decision on Northern Territory to its traditional owners. the Ward (the Miriuwung-Gajerrong people) The deeds were handed over at a ceremony case all other claims in the Kimberley have at Rittarangu community to the Urapunga been postponed until it is handed down. Aboriginal Land Trust. Urapunga is about West Australian 5 June 2002
Native Title Newsletter No. 3/2002 11 In the Goldfields, representatives of the Ngalia Kutjungkatja native title claimants Dolly Walker the representative of the have called on the Wongatha people to Ngalia Kutjungkatja claim has written to the withdraw their overlapping claim, asserting GLSC Director Brian Wyatt informing the that it is on Ngalia land. The Wongatha council that the Ngalia people would repre- people have the first registered claim to be sent themselves in court. They are no longer heard before the Federal Court. Kalgoorlie willing to be represented by the Goldfields Miner 22 May 2002 Land and Sea Council. The Ngalia Kutjung- katja claim covers 65,775 sq km of land north-west of Leonora including unallocated It is expected that the Ward decision to be Crown land, pastoral leases, reserves and handed down by the High Court in the mining areas. Kalgoorlie Miner 18 June 2002 coming weeks, will stimulate mineral explo- ration and mine development. It is hoped that the decison will provide clarity to native Two of Perth’s Aboriginal activists are in title claims and determine whether native dispute regarding a native title claim over title rights include mineral rights and Western Australia’s capital city Perth. Corrie whether granting mining leases extinguished Bodney and Robert Bropho are both ques- these rights. Australian Financial Review 13 tioning the others right to claim native title. June 2002 The claim covers a 12,123sq km area ex- tending west of Rottnest to Clackline in the east, Gingin in the north and Mt Cooke in An agreement signed in Nannup between the south. Their cases highlight the difficul- native title claimants and the mining com- ties inherent in determining competing na- pany Cable Sands has enabled the grant of a tive title claims. Australian 6 June 2002 State deed to mine titanium. Under the terms of the agreement, the local Boojarah people will be given job opportunities and The Federal Court in Perth examined evi- other compensation in return for access to dence put forward by Mr Corrie Bodney on 126 hectares in Jangardup South. The com- behalf of the Ballaruks People at a directions pany estimates the mine will be worth ap- hearing in early June. The Ballaruks claim proximately $330 million however did not pass the Tribunal's Registration Test environmental approval is still needed for in 1999 and the claimants therefore lost the the mine to go ahead. West Australian 23 right to negotiate over the claim area. Media June 2002 Release, National Native Title Tribunal 5 June 2002 The State government has put together a native title deal worth $27.5 million in order An agreement has been signed between Mt to progress a full scale industrial develop- Gibson Mining manager director Brian ment of the Burrup Peninsular in the Pil- Johnson and the Wajarri Elders Group in bara. The deal would recognise the native Geraldton. Mt Gibson is planning to mine title claims of three Aboriginal groups, two Tallering Peak but there are two native title of which are currently contesting their claims on the area. One is from the Wajarri claims in the Federal Court. The Wong- Elders and the other from Mullewa Wajarri Goo-Tt-Oo group is in dispute with the people. Mt Gibson has already signed an Ngaluma Injibandi group, however these agreement with the Mullewa Wajarri people two groups must join a third party, Yaburara but recognised that the Wajarri Elders also Mardhudunera to sign and accept the deal. had a legitimate native title claim. Mining The Wong-Goo-Tt-Oo group have indi- looks like it will commence early next year. cated that they will not sign the deal and will Geraldton Guardian 30 June 2002. wait for the Federal Court decision. West Australian 24 May 2002
Native Title Newsletter No. 3/2002 12 Three parcels of land were handed back to The Torres Strait Regional Authority repre- traditional owners in Cue last week. The 2.9 senting the Buru Waral Kawa people have hectares of land was transferred to the local registered a shared native title claim over Thoo Thoo Warninha Aboriginal Corpora- four uninhabited Torres Strait Islands – tion who will hold the land in trust for the Turnagain Island, Deliverance Island (Warul Aboriginal owners. Geraldton Guardian 6 May Kawa), Kerr Islet and Turu Cay. Any person 2002 with an interest in the claim has until the 25 September to apply to the District Registrar of the Federal Court to become a party to The Nharmuwanggam Wajarri and Ngarla the application. Courier Mail 18 June 2002 people of the Gascoyne region have been told that they need public liability insurance to hunt for kangaroo or carry out any tradi- BHP Billiton Mitsubishi Alliance’s South tional business on a pastoral lease. The Ya- Blackwater and Blackwater coal mines will matji Land and Sea Council who represents continue development and expansion after the Nharmuwanggam Wajarri and Ngarla they finalised an agreement with the Kna- people has said that there is no avenue to goulu and Ghungalu people of Central appeal because they had signed an out of Queensland. The traditional owners said court agreement. West Australian 1 June 2002 that the agreement gives them an opportu- nity to establish for the first time a sound economic base on which they can build, Queensland protect and sustain their culture for genera- Justice Ronald Sackville of the Federal tions. Koori Mail 26 June 2002 Court made an order in early June that na- tive title did not exist in the land known as Castle Hill Holding. The court heard that The Alluna Land Trust is now the legal Noel Kennedy the present occupant of the owner of the Alluna Aboriginal Reserve. 23,800 ha property, has had continuous pos- The Queensland Government granted free- session since 1952. The property had been hold title over the land to its traditional owners at celebrations that were held in under various leases since the 1880's. Courier Cairns in late June. The handover of the Mail 18 June 2002 16.83 hectare parcel of land in Bungalow, is the outcome of seven years of hard work and negotiation between the Indigenous A Native Title Studies Centre has been community and State government agencies. launched in the far north of Queensland by Cairns Post 24 June 2002 Premier Peter Beatie. The centre will be based at James Cook University in Cairns. Graeme Neate President of the NNTT says The Mount Isa Mines company is expected the centre will add to the success of Queen- to start exploration this season after an In- sland in addressing native title issues. ABC digenous Land Use Agreement was regis- Online 4 June 2002 tered between the Kalkadoon people and the State Government. The ILUA has lifted the restriction on about 60 mining explora- A sea claim, lodged by the Torres Strait Re- tion permits for the Mount Isa area. Kal- gional Authority (TSRA) in November last kadoon solicitor Sean Sexton said the year is being tested for registration with the agreement showed the fruits of reaching NNTT. The claim covers the eastern, cen- agreement rather than litigation. North West tral top western, and near western geo- Star 20 May 2002 graphic regions in the Strait. It covers the sea, seabed, subsoil, reef, shoals and sand- banks.
Native Title Newsletter No. 3/2002 13 The native title claim on an area of land in Broadsound and Livingstone shires is pro- A new native title service in NSW called gressing. The claim by the Southern Barada The New South Wales Native Title Service and Kabalbara people is for 881.4 sq km of (NSWNTS) has been endorsed by the land about a 103 km north west of Rock- ATSIC NSW State Authority Committee. hampton. The National Native Title Tribu- The NSWNTS has opened offices in Syd- nal are calling for interested groups to ney, Coffs Harbour and Dubbo with a become party to the application. Daily Mer- fourth office opening soon in the south of cury (Mackay) 21 June 2002 the State. Three NSW ATSIC Commission- ers will be included on the management The Queensland government has signed an board as well as Aboriginal people nomi- agreement with two native title groups and nated from across the State. Koori Mail 26 the mining company Enex Togara Pty Ltd. June 2002. Plans to develop a thermal coal mine in the Bowen Basin have begun. The Togara Agreement follows successful negotiations Victoria with the Kangoulu and Ghungala peoples. A native title claim is in doubt because the The agreement sets out how the Indigenous distribution of compensation, which is part people and the government will coexist of the agreement, is being questioned by during the 35 year life of the project. It also claimants. The native title agreement over a addresses protection of cultural heritage is- Geelong region was to be ratified (if there sues and provides employment, training and were no objections) on July 3, with the business opportunities for the areas tradi- Wathaurong clan descendants, State Gov- tional owners. Morning Bulletin (Rockhampton) ernment and Gas Net Australia (Operations) 19 June 2002 reaching a deal over the claim on a 20-metre wide gas pipeline corridor between Lara and Birregurra. Trevor Edwards who is the New South Wales Warthaurong Aboriginal Cooperative Chief The Native Title Registrar has accepted the Executive Officer said he would object to application for registration by the Bigamul the agreement because the $150,000 com- people for native title in the Moonie region pensation that had been put into a trust by between St George, Dalby and the New the Mirimbiak Nations Aboriginal Corpora- South Wales-Queensland border. The claim tion was going to a particular family. Mr spans an area of 24,000sq km. Any person Edwards believes the money should be who believes they have an interest in the shared and used for community benefit. claim has until 28 August to apply to the Geelong Independent 7 June 2002 District registrar. Chronicle (Toowoomba) 16 May 2002 Two new claims in Wimmera have been ac- cepted by the NNTT. They are the fourth The NNTT placed advertisements in late and fifth claims to be made in the Wim- June inviting people who wish to become a mera. The fourth was made by the Yupagalk party to the application of native title in the people, and was approved by the Native Lake Cowal area to do so. The Wiradjuri Title Registrar in July 2000. The Yupagalk people lodged the claim asking for their tra- application for native title rights is for ditional rights to be recognised over the Crown land in a 6,447 sq km area north of 2,637 ha located approximately 35 km north Horsham. The Registrar also accepted a – north-east of West Wyalong. People with claim by the Wotjobaluk people in June interest have until 9 October to apply to the 1999. The Wotjobaluk application is for District Registrar of the Federal Court in rights in two areas totaling 213 sq km west Sydney. West Wyalong Advocate 28 June 2002 and south east of Stawell. The NNTT is calling for stakeholders in the areas to reg-
Native Title Newsletter No. 3/2002 14 ister for negotiations. Wimmera Mail Times 17 Federal Court and thus the NNTT has been May 2002 unable to begin the process of mediation. Hamilton Spectator. 7 May 2002
Members of the Gunditjmara native title claimant group are frustrated at what they South Australia see as a lack of communication about their native title claim. They are concerned about Councils across South Australia and Victoria the delay in entering into a mediation proc- will meet to hear about the Gournditch - ess. The Gunditjmara native title claim cov- Mara People's native title claim. The meet- ers 20,360 sq km and runs from the South ings are so that councils in the claim area Australian border to the Shaw River in the can meet the NNTT member who will be south and the Grampians in the north. mediating the claim. Wimmera Mail Times 12 NNTT state manager Tony Shelley has said June 2002 that the delay is due to the high number of interested parties being registered by the
APPLICATIONS
The National Native Title Tribunal posts summaries of registration test decisions on
Howard River East DC99/9-2 Koolpinyah Central DC02/6 TQ D6009/99 D6007/02 Not Accepted Accepted Mirning People WC95/13-2 Widjabul Aboriginal NC01/7 WG6016/98 People NC6019/2001 Accepted Accepted Koinjmal People QC01/4 Mimaga Wajaar Tra- NC01/1 Q6004/01 ditional Custodians N6007/01 Accepted Wunurah Claim Not Accepted Kudjala People # 4 QC02/18 Bidjara #2 QC97/23-2 Q6015/02 QG6133/98 Accepted Not Accepted Sundown Point TC00/01 Dry River DC02/8 T6001/00 D6009/02 Not Accepted Accepted Kokotha Munta SC99/3-2 Dangalaba #3 DC96/3 S6003/99 DG6012/98 Not Accepted Not Accepted Rosewood DC02/5 Dangalaba #1 DC96/1 D6006/02 DG6010/98 Accepted Not Accepted Barada Barna Ka- QC97/59-2 Dinah Beach DC96/2 balbara and Yeti- QG6224/98 DG6011/98 marla Accepted Not Accepted
Native Title Newsletter No. 3/2002 15 APPLICATIONS CURRENTLY IN NOTIFICATION
Closing date Application no Application name 28 August 2002 VC99/5 Wotjobaluk, VIC 25 September 2002 NN02/2 Gosford City Council, NSW QC00/4 Southern Barada and Kabalbara People, QLD QC01/23 Buru & Warul Kawa, QLD QC01/28 Gunggari People # 2, QLD QC97/23 Bidjara #2, QLD 9 October 2002 NC02/3 Wiradjuri Council of Elders, NSW 23 October 2002 QC01/25 Barada Barna Kabalbara & Yetimarla People #4, QLD QC01/4 Koinjmal People, QLD
For further information regarding notification of any of the applications listed contact the National Native Title Tribunal on 1800 640 501 or www.nntt.gov.au.
RECENT PUBLICATIONS
Language and Native Title Edited by Articles in this volume include: 'Linguistic John Henderson and David Nash Evidence in Native Title Cases in Australia' Aboriginal Studies Press, Canberra, by Jeanie Bell; 'Country and the Word: Lin- 2002. guistic Evidence in the Croker Sea Claim' by Nicholas Evans; 'Linguistics and the Yorta Language matters have been increasingly Yorta Native Title Claim' by Heather Bowe; recognised as an important part of native 'The Language of the Peak Hill Aboriginal title claims. This volume has its origin in the People: A Linguistic Report in a Native Title workshop Linguistic Issues in Native Title Claim' by Tasmin Donaldson; 'Labels, Lan- Claims held at the University of Western guage and Native Title Groups: The Miriu- Australia on 2 October 1999. This work- wung-Gajerrong Case' by Greg McIntyre & shop provided an opportunity to draw to- Kim Doohan; 'Historical Linguistic Geogra- gether the linguistic matters arising in the phy of South East Western Australia' by various claims up to that time. David Nash; 'Language Ownership: A Key Issue for Native Title' by Michael Walsh; Language is only one aspect of native title, 'Can Lexicostatistics Contribute an Absolute but it is a significant one where a consider- Time -Scale to Discussions of Continuity of able body of expertise and knowledge can Occupation in Native Title Determinations?' be utilised. This book contributes to the by Barry Alpher; 'Linguistic Stratiography body of work that considers the complex and Native Title: The Case of Ethnonyms' interplay of relations within native title and by Patrick McConvell; 'Making Your Skin provides a space for considering the impor- Fit Properly: Displaced Equivalence in 'Skin' tance of language. Systems in the Barkly' by Gavan Breen and;
Native Title Newsletter No. 3/2002 16 'Linguists in Native Title' by John 02 6246 1186 Henderson. Download the order form here ISBN 085 575 388 9 RRP $39.95 Language and Native Title is available from Aboriginal Studies Press, [email protected] or by calling
NATIVE TITLE RESEARCH UNIT PUBLICATIONS
Issues Papers: Land, Rights, Laws: Issues of Native Title Native Title Research Unit Issues Papers are available through the native title link at
Discussion papers Discussion papers are published in concert with AIATSIS Research Section and are available from the Research Section on telephone 02 6246 1157. No 10: The Community Game: Aboriginal Self-Definition at the Local Level by Frances Peters-Little No 11: Negotiating Major Project Agreements: The ‘Cape York Model’ by Ciaran O’Faircheallaigh
Monographs The following NTRU publications are available from the Institute’s Bookshop; telephone (02) 6261 4285 for prices.
Native Title Newsletter No. 3/2002 17 Native Title in the New Millennium, edited by Bryan Keon-Cohen, proceedings of the Native Title Representative Bodies Legal Conference 16-20 April 2000: Melbourne, Victoria, 2001, in- cludes CD. A Guide to Australian Legislation Relevant to Native Title, two vols, lists of Acts summarised, 2000. Native Title in Perspective: Selected Papers from the Native Title Research Unit 1998–2000, edited by Lisa Strelein and Kado Muir. Land, Rights, Laws: Issues of Native Title, Volume 1, Issues Papers Numbers 1 through 30, Regional Agree- ments Papers Numbers 1 through 7, 1994-1999 with contents and index. Regional Agreements: Key Issues in Australia – Volume 2, Case Studies, edited by Mary Edmunds, 1999. A Guide to Overseas Precedents of Relevance to Native Title, by Shaunnagh Dorsett and Lee Godden. AIATSIS, Canberra, 1998.
Web Resources Sea Rights Resource Page: Croker Island and Native Title Offshore http://www.aiatsis.gov.au/rsrch/ntru/news_and_notes/ The High Court decision on Commonwealth v Yarmirr; Yarmirr v Northern Territory was handed down on 11 October 2001. This web page presents recent papers about the case, as well as other relevant materials on native title and sea rights issues.
Limits and Possibilities of a Treaty Process in Australia http://www.aiatsis.gov.au/rsrch/seminars.htm This series explores some of the issues surrounding the proposal for a national treaty. The issues include current proposals, past obstacles, issues for Indigenous representation, political and philosophical questions, national identity, reconciliation, belonging, public law implications, and comparisons with other countries.
ABOUT THE NATIVE TITLE RESEARCH UNIT
The Native Title Research Unit identifies The NTRU also fields requests for library pressing research needs arising from the searches and materials from the AIATSIS recognition of native title, conducts relevant collections for clients involved in native title research projects to address these needs, and claims and assists the Institute Library in disseminates the results of this research. In maintaining collections on native title. particular, we publish this newsletter, the Issues Papers series and publications arising AIATSIS acknowledges the funding support from research projects. The NTRU organ- of the ATSIC Native Title and Land Rights ises and participates in conferences, semi- Centre. nars and workshops on native title and social justice matters. We aim to maintain For previous editions of this Newsletter research links with others working in the click on the native title research unit link at field.
Native Title Research Unit Australian Institute of Aboriginal and Torres Strait Islander Studies GPO Box 553 Canberra ACT 2601 Telephone 02 6246 1161 Facsimile 02 6249 1046 [email protected]
Native Title Newsletter No. 3/2002 18