Extract from Hansard [ASSEMBLY - Tuesday, 13 November 2007] p6943d-6944a Mr Eric Ripper

NATIVE TITLE - NGURRARA CLAIM DETERMINATION Statement by Deputy Premier MR E.S. RIPPER (Belmont - Deputy Premier) [2.05 pm]: Last Friday, 9 November, I attended Western Australia’s twenty-first native title determination. The Ngurrara determination, covering nearly 77 000 square kilometres of Kimberley land, was ratified by the Federal Court at an on-country hearing at Pirnini, an outstation south of Fitzroy Crossing. The Ngurrara determination recognises that the Ngurrara group holds exclusive possession native title rights and interests over the majority of the area, including unallocated crown land. The remainder of the area, which includes two camping reserves and a reserve vested in the Aboriginal Lands Trust, will be determined at a later date. Although this is an occasion that is cause for celebration, it is also one of sadness, since so many elders who had lodged the application have passed away. Today, I pay tribute to their struggle for recognition of country. It means that traditional laws and customs that have been practised in the past can now be observed by future generations. Nevertheless, the Ngurrara claim group now joins its neighbours, the Martu people to the south, the Karajarri people to the west and the Tjurabalan people to the east, as recognised native title holders. There have now been positive determinations on native title across 45 per cent of the Kimberley. In addition, I am pleased to inform members that three more Kimberley claims lodged by the Uunguu, Dambimangari and Balanggarra peoples are currently in advanced stages of negotiation. It is anticipated that these matters will be resolved in the near future. It is apparent that over the past seven years this government’s approach to native title has contributed to the speedy resolution of applications by consent. Since 2001, 13 matters have been determined by consent. Further, in the Ngurrara application, once negotiations actually commenced, it took less than 12 months to resolve the claim. The comments made by Justice John Gilmour, who presided over the hearing, are particularly relevant. Justice Gilmour observed that - A significant aspect of this determination application is the time it has taken for the parties to reach agreement on the resolution of the matter. Formal mediation commenced before the National Native Title Tribunal in June 2007. By September 2007, the parties had reached in principle agreement on the terms of a consent determination of native title for most of the claim area. This is a remarkable achievement, given the time it has taken in the past to resolve native title proceedings. The applicant acknowledges . . . the good faith approach adopted by the State of Western Australia . . . Justice Gilmour also noted the efforts of the government in negotiating the consent agreement. He stated - The State of Western Australia has considered the claim very carefully and it is commendable that the State has done this. The government’s approach to native title confirms that, through negotiation, issues may be resolved, and benefits can then accrue to Aboriginal communities. I emphasise, however, that native title determinations are only the beginning. The post-determination environment requires foresight, dedication and perseverance to ensure these benefits are realised. I table a copy of the Ngurrara native title determination. [See paper 3419.]

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