Contact Land Rights Centre, Legislation and Pro- For further information on this fact sheet gram Unit on (07) 3006 4800. please contact ATSIC’s Native Title and
NATIVE TITLE IN THE NEWS
New South Wales Last year the New South Wales Aboriginal Land Council (NSWALC) formally re- Bemax Resources have successfully com- quested their status as a Native Title Repre- pleted native title negotiations for Ginkgo sentative Body (NTRB) to be withdrawn. mining lease, by signing an agreement with On the 6th of December 2001 the Minister the registered native title claimants repre- agreed to withdraw NSWALC’s native title senting the Barkandji (Pooncarrie). This recognition status. As a result the NSWALC milestone significantly enhances Bemax’s is no longer the NTRB for NSW and does progression towards obtaining the grant of a not hold statutory responsibility for native mining lease for Ginkgo mineral sands proj- title services within the state. The new serv- ect in the northern Murray basin. The Bar- ice called the New South Wales Native Title kandji people are the sole registered Services Limited (NSWNTS) commenced claimant group in this area. (Mining Chronicle operations on the 7th December 2001. The 1 December 2001) NSWNTS is currently operating out of of- fices at Parramatta but is also in the process of establishing regional offices in Dubbo The Mooka Traditional Owners Council has and Coffs Harbour. (NTRBs Latest News 18 lost their injunction application, which was February 2002,
Orange’s skate park development applica- A process to determine native title for the tion has been formally approved after an Dja Dja Wurrung people has the Central investigation found native title had been ex- Goldfields Shire taking no part to become a tinguished. Orange city council was required party. Instead council will rely on the Mu- to do a native title investigation following a nicipal Association of Victoria to act as its submission from an opponent that ques- representative in mediation or court pro- tioned the title of the site at the corner of ceedings, to determine the validity of the Warrenpine and Anson streets. The oppo- claims. (Maryborough Advertiser 31 December nent who is of non-Aboriginal descent con- 2001) ceded that native title was raised as a bit of a wobbly, with the park having the backing of the Orange local Aboriginal land council. Moorabool farmers who lease Crown land (Central Western Daily 15 December 2001) in Wombat State Forest are being asked to join native title claim negotiations. The
Native Title Newsletter No. 1/2002 7 NNTT began contacting more than 3,003 miners would make good level dirt available. people who may have interests affected by (Coober Pedy Times 6 December 2001) the claim made by the Dja Dja Wurrung. (Bacchus Marsh-Melton Express 29 January 2001) Queensland The director of operations of the QLD mining council, Barry Mathias, said that the The Latji Latji people have included Lake backlog of exploration permits would not Tyrrell, north of Sea Lake, in a native title affect the central QLD coal industry. Con- claim. Buloke council been asked if it wishes cerns were raised after the council predicted to be registered as a party to this application. the State’s base metal and gold mining in- (Buloke Times 11 December 2001) dustries would be extinguished within 10 to 15 years, unless exploration was increased South Australia and major discoveries made. Mr. Mathias said the biggest threat for the central QLD Three local councils in the southern Fleu- coal industry has been the ability to remain rieu’s and the City of Onkaparinga along competitive. (Morning Bulletin Rockhampton 8 with 300 applicants are to register an interest January 2002) in the Kaurna peoples native title claim. The claim area covers metropolitan Adelaide, Broughton to the north and Cape Jervis to In one of the State’s first negotiated hand the south. It also includes about 800 metres over of pastoral leased land, 273.9 hectares of St Vincent, from Port Wakefield to Cape of the former Karma Waters pastoral hold- Jervis. (Times Victor Harbour 28 February ing, about 155 km northwest of Cairns, has 2002) been handed back to its traditional owners. The Western Yalanji people had a ceremony featuring traditional dancers and Indigenous A dispute over government funding in the music, Lance Riley, chairman of the western Pitjantjatjara lands has mining projects Yalanji Aboriginal Corporation, said the worth hundreds of millions of dollars in land would be worked to benefit traditional jeopardy. The Pitjantjatjara council alleges it owners and protect their cultural heritage. has lost ATSIC funding held by the De- (Courier Mail 25 January 2002) partment of State Aboriginal Affairs, be- cause it refused to deal with consultants employed to restructure operations of the A local Gubbi Gubbi elder Dr Eve Fesl has Anangu Pitjantjatjara Council. Pitjantjatjara said that a successful native title claim across elders voted last week to suspend all native the sunshine coast covering 13,907 sq km title negotiations within their 110,000 sq km would be a win for all people interested in territory until the dispute was resolved. (Ad- protecting the local environment. Dr Fesl vertiser 28 January 2002) said the Gubbi Gubbi people had been rec- ognised as the only Indigenous people with proven links to the area, and had been reg- A meeting was held between Aboriginal istered as native title claimants and were people and miners to talk about native title proceeding with the next stage of the proc- mining agreements that allow opal mining ess. (Sunshine Coast Daily 24 January 2002) on Lambina station, with noodling rights being one of the main issues discussed. It was always understood that Aboriginal peo- The casino and gaming group Jupiters is to ple would have the first right to noodle as go ahead with construction of the 118 mil- set out in the native title agreement and the lion Gold Coast convention and exhibition centre. Jupiters advised that the Indigenous Land Use Agreement (ILUA) had com-
Native Title Newsletter No. 1/2002 8 pleted its notification period and will be registered by the NNTT. Construction is The Association of Mining and Exploration expected to get underway in February. Companies (AMEC) has urged caution by (Cairns Post 26 January 2002) the State government in examining ways to relieve the backlog of mineral tenement ap- plications. The High Court decisions on the The Federal Court has declared that parts of Miriuwung Gajerrong appeal and heritage Queensland’s native title laws are invalid. In were identified as emerging issues to be ad- the case started by the Central Queensland dressed in any solution. (Kimberly Echo 24 Land Council, the Court found that parts of January 2002) the native title regime relating to high im- pact mining and exploration are invalid be- cause Federal Attorney General Daryl The Yamatji Land and Sea Council will Williams approved sections of the regime merge to become one of Australia’s biggest that did not comply with Commonwealth land councils. The Yamatji people originally laws. It is still unclear how many permits voted against the move, but in a meeting have been affected by the ruling but it is ex- have now supported the merger in principle. pected to relate predominately to high im- More than 250 native title claimants met at pact mining. (ABC Indigenous News 8 Yule River east of Port Hedland to endorsed February 2002 ) the proposal for the combined native title representative body. (ABC Indigenous News 11 February 2002) The Wakka Wakka native title application over 31 000 square kilometres of land in Burnett, northern Queensland, has moved A memorandum of understanding which into mediation. The mediation process is details a strategic approach to developing a likely to continue for at least twelve months. new comprehensive agreement with local (ABC Indigenous News 12 February 2002 ) traditional owners, has been signed by the Argyle diamond mine and the Kimberly Western Australia Land Council. The new agreement will offer opportunities for employment and training The Noongar Land Council has been un- for locals and traditional owners. (Mining successful in its application for recognition Chronicle 1 November 2001) as a native title representative body. Indige- nous affairs Minister Phillip Ruddock has approved a new NTRB, the South West A meeting recently from representatives of Aboriginal Land and Sea Council. (Augusta Nanda and Mullewa Wadjari native title Margaret River Mail 1 December 2001) claims reached an historic agreement to re- solve their overlapping claims. The meeting was part of a protocol developed in Sep- The Woolah-Wah Aboriginal Land Corpo- tember to assist in resolving overlapping ration will take possession of the property claims in the mid west by the Yamatji Land near Bakers Hill, known as Coobabla farm and Sea Council and the NNTT. (Mid West (647 hectares) through the Indigenous land Times 15 December 2001) council. It is freehold land and has been used in the past as a stud cattle property. Denis Hayward of the Woolah-Wah group The Wongatha native title application over said that the Woolah-Wah people would run Western Australia’s goldfields was heard in the property initially as a sheep and cattle the Kalgoorlie on 19 February 2002. The farming venture, but hoped to introduce native title claim over nearly 2,000 sq kms of Indigenous cultural activities in the future. land is the first to be made over land in the (Avon Valley Advocate 16 January 2001) goldfields area. Michael Barker QC, repre-
Native Title Newsletter No. 1/2002 9 senting the Wongatha people, told the Court that the family groups within the claim area Tasmania would be seeking different rights according to their own traditional laws and customs. A meeting between Aboriginal groups and (The West Australian 23 February 2002 ) environment minister David Llewellyn could see a 30 year lease granted for Ed- dystone point to the local Aboriginal com- A formal settlement recognising the native munity. Eddystone Point became title rights of the Karajarri people was an- controversial last year when the Tasmanian nounced on 12 February 2002. The decision Aboriginal Centre (TAC) occupied the site is a consent determination between the for three years in its bid to have land handed Karajarri people, the State of Western Aus- back to the Aboriginal Community. The tralia and several other parties over 24,725 TAC has also negotiated with Llewellyn for sq kms of land on the coast south of the use of nearby Mt William National Park. Broome. The number of native title holders The site could also be eligible for reassess- is approximately 750 people. The determi- ment as a heritage site, which would allow nation gives the Karajarri people the right to access in the future. (Launceston Examiner 24 exclusively possess, occupy, use and enjoy January 2001) the land and waters within the determina- tion area. (The West Australian 12 February 2002) Tasmanian Aboriginal people say they are puzzled by a land giveaway by the Break O’day council, in the same area of land they Northern Territory have been fighting for: Eddystone Point. A land signing ceremony was held to mark Break O’day Council has announced it will an historical agreement, which could see the give away a block in the Fingal Valley or government sell 50 hectares of land near coastal Hinterland to someone from outside Palmerston to the Larrakia nation for the region who has registered through local housing development. The ceremony was business. (Mining Chronicle 1 November disrupted by protestors who were angry at 2001) the process used to reach the Rosebery agreement. (The Northern Territory News 14 December 2001)
APPLICATIONS The National Native Title Tribunal posts summaries of registration test decisions on
Jarowair People QC00/5, Butchulla People QC97/30 Q6005/00 QG6140/98 Daly Waters DC01/71, Wanderrie Road DC01/70 D6071/01 D6070/01 Bigambul People QC01/6 Q6005/01
Native Title Newsletter No. 1/2002 10