cessfully resolving native title claims through ‘seat at the table’ in relation to future devel- litigation, mediation or settlement. opments and negotiations.

After emphasising these seemingly positive Briefly, the role of the Federal Government is developments in native title, the Report goes described as ‘significant’, noting the $86 mil- on to address the CERD criticisms regarding lion increase in funding for the native title sys- the 1998 amendments to the NTA and the tem to “enhance its efficient operation”. effective participation of Indigenous people Details of the Federal and State Government’s in decisions that affect their land rights. The role in opposing native title claims are not Report focuses on the Parliamentary Joint mentioned nor are any details as to where the Committee – asked in 1999 to report on Aus- $86 million went. In fact, the 2001 Native Ti- tralia’s obligations under CERD and the tle Report by the Aboriginal and Torres Strait amended NTA – and their findings that “the Islander Commissioner found that most of the amended Native Title Act is consistent with $86 million went to the Attorney General, the Australia’s obligations under the International NNTT, the Federal Court and away from the Convention on the Elimination of All Forms of Ra- NTRB’s – whose primary role it is to protect cial Discrimination”. The Federal Government, native title. both at the time of the initial concerns and in the present Report, argue that the amend- In summary, the Report defends the state of ments maintain “an appropriate balance be- native title in a fairly partial manner. The criti- tween the rights of native title holders and cisms and concerns of the CERD Committee the rights of others” (Report, p27). Further are either not explored in any detail or are jus- highlighting the tension between interna- tified on the basis that they provide ‘certainty’ tional and domestic law, the Report quotes (the fact that this comes at the cost of Indige- from the PJC Report finding that “national nous rights seems to be the whole point of institutions are best placed … to find a bal- CERD concerns but this is not addressed). ance between a range of competing interests” There are no formal structures in international (PJC Report, p9). law that can force Australia to comply with the recommendations of the CERD Committee. In response to the CERD Committee’s con- However, given the right political climate, the cern that Indigenous people are not effec- findings of the Committee have the potential tively participating in decisions that affect to influence government policy and legislation their rights, the Report quotes from the Par- in an informal way. Unfortunately, the Report liamentary Joint Committee on Native Title’s indicates the reluctance of the current Federal findings that political rights in international Government to be swayed by international instruments do not give rise to a right to par- concerns, even where those concerns are le- ticipate in political processes in a specific fash- gitimate, and its determination to continue ion, it is only a general right. The Report also with its policies regardless of international dis- points to ILUA provisions as the means approval. through which Indigenous people have a

NATIVE TITLE IN THE NEWS

New South Wales vice stated that the fire was in breach of regulations and had to be extinguished. West A Wiradjuri traditional owner and Police Wyalong, pg 3. 07 November 2003. Wiradjuri came into conflict when Police extinguished claim: NC02/3, N6002/02. a fire at a protest camp near Lake Cowal. According to Mr 'Chappie' Williams, it was a sacred fire and he was asserting his native Bega Valley Shire Council was recently title rights to practice his religion on the awarded 'Council of the Year' as a result of land. A representative of the Rural Fire Ser- their Memorandum of Understanding with

Native Title Newsletter No.4/2003 8 the local Indigenous people. The award was only native title pearling agreement in the accepted by Mayor David Hede, councils territory, was signed with the company corporate and community services director Broome Pearls during a ceremony on Croker Leanne Barnes and council's Aboriginal Island. The agreement follows the 2001 community development officer, Kerry High Court decision which upheld the exis- Avery. Ms Avery said the council had been tence of native title rights over the sea and commended on the fact that the Memoran- seabed in the Croker Island claim area. It dum was a 'living document' which was to clears the way for the pearling company to be reviewed and changed regularly. The establish pearl farming operations free of council, the shire's three local Aboriginal native title concerns, and recognises tradi- land councils and native title holders signed tional owners’ rights to ensure the environ- the memorandum in June 2001. News Weekly ment and sacred sites are protected. Barrier (Merimbula), pg 2. 12 November 2003. Daily Truth (Broken Hill), pg 9. 19 November 2003. Croker Island claim: DC94/6, DG6001/96. In a historic vote, Newcastle City Council in NSW became the first local government au- thority in Australia to formally recognise the A central Australian Aboriginal group has dispossession of Aboriginal peoples. The recently signed an Indigenous land use council voted to adopt an official statement agreement (ILUA) with Gold explorers in acknowledging the continuing occupation of the region. This agreement is the 100th the Newcastle area by Awabakal and Worimi ILUA registered with the National Native peoples to be read at council meetings and Title Tribunal (NNTT). The agreement be- all major civic events. The council stated it's tween Newmont Gold Exploration, Nor- decision to acknowledge the continuing rela- mandy NFM and the Central Land Council tionship of Indigenous peoples to their land allows for exploration and mining in the despite dispossession reflects an ongoing Northern Territory, in the north-west of commitment to reconciliation. Koori Mail pg Barrow Creek. This agreement will enable 25. 19 November 2003. native title claimants to settle land use issues with developers and governments without court action. National Indigenous Times, pg 13. The Twofold Bay Indigenous group has re- 26 November 2003. Barrow Creek ILUA: cently lodged a native title claim at Eden DI2003/09. over New South Wales coastal waters. The National Native Title Tribunal has written to over 1,500 people and organisations, includ- ing commerical fishermen and women, char- ter boat licence holders and others with An Indigenous Land Use Agreement commerical interests, informing them of the (ILUA) has been signed by the Ewamian claim. Any person or group who has an in- people and the QLD State government over terest that will be affected, has until 02 the township reserves of Georgetown, March 04 to apply to the Federal Court. Bega Einasleigh, Forsayth and Mt Surprise. The District News, pg 11. 05 December 2003. agreement signed is the first of its kind in Twofold Bay claim: NC03/1, N6001/03. Australia for addressing native title over a number of towns with a shire. Etheridge Shire Council assisted in the process, which Northern Territory Mayor John Smith described as very posi- tive. Cr Smith said the ILUA provides own- Aboriginal traditional owners have signed a ership certainty for council infrastructure landmark agreement handing them a stake in and removes obstacles to land purchases a Northern Territory pearl farming opera- within town reserves. The Ewamian People tion. The four-year agreement, the first seas initiated discussions to support local devel- opment opportunities and to foster working

Native Title Newsletter No.4/2003 9 relationships with Etheridge Shire Council The Queensland Government claims to while improving access to traditional lands. have cleared the backlog of mining explora- Part of the State Government's commit- tion permits in the state, although hundreds ments under the agreement is the creation of are still to be processed. Permits for mining reserves for Aboriginal and cultural purposes exploration were frozen after the High in Mt Surprise, Einasleigh and Forsayth. Court's Wik decision in 1996, which found North Queensland Register, pg 3. 06 November native title was not extinguished by leasehold 2003. Ewamian claim: QI2003/048 land. Mines Minister Stephen Robertson said the Government, Indigenous groups and the mining industry needed to co-operate to get The people and Anglo Coal signed exploration moving. More than 200 applica- an agreement recently over the management tions were approved in the past six months of Aboriginal cultural heritage areas at Anglo and 106 in the six months prior to that, with Coals proposed mining sites. The agreement more than 300 exploration permits to still be followed months of negotiations between processed. Courier Mail, pg 31. 26 November the Gangulu people, the traditional owners 2003. of the lower Dawson and Callide Valleys and the mining company. The agreement will ensure the Gangulu people's cultural heritage The Kauareg people are the traditional own- will be managed in culturally appropriate ers of the southern Torres Strait Islands, and ways in areas including exploration, mine hold native title over seven. The region is development, mitigation and post- slowly moving towards self-government. construction. Central (Biloela), pg 5. Some people are unhappy with 07 November 2003. what they say are moves to declare Torres Strait autonomy over their land. A newly formed group called the Cape York Bound- A dispute has emerged between the Queen- ary Interim Committee (CYBIC) also want a sland Parks and Wildlife Service (QPWS) boundary change to make the islands part of and Fraser Island Indigenous groups over Cape York. Kaurareg people spokesperson new access permits to Fraser Island. The Isaac Savage said Aboriginal traditional Dulungbara, Ngulungbara and the majority owners should not be represented by Is- of the Batchala people have authorised the lander people. Townsville Bulletin, pg 36. 20 sale of Fraser Island access passes at half the December 2003. price of the QPWS. Elder John Jones sees the move as part of his groups long-term plan to put the island under the full man- Six Indigenous land use agreements have agement. Gympie Times pg 3. 18 November recently been signed, giving the go-ahead for 2003. dozens of mineral exploration permits to commence in areas west of Townsville. Four of the agreements, the Gugu Badhun, The Indigenous Land Corporation last week , Kangoulu and Kangoulu no. 2, were handed back Hillgrove station on the Bruce developed under the government's statewide Highway to its traditional Gooreng Gooreng Indigenous land use agreements model. and Gurang owners. The handover occurred Townsville Bulletin, pg 10. 24 December 2003. with a title ceremony and the formal signing Gugu Badhun People QI2002/56, Waanyi of the grant certificate by Gilarjil land devel- People QI2003/62, Kangoulu People opment corporation chairperson Colin John- QI2004/03 and Kangoulu People claim no. son, elders and directors on behalf of the 2 QI2004/04. traditional owners. Gladstone Observer, pg 2. 26 November 2003.

Native Title Newsletter No.4/2003 10 South Australia riginal Affairs and Reconciliation will con- tinue to provide support to establish the Elders from the Mirning people Indigenous structures and processes. Times (Victor Har- group are lodging a native title claim over bour), pg 10. 13 November 2003. the coast of the Great Australian Bight and the Nullarbor Plain. A meeting was held by the Aboriginal Legal Rights Movement to Victoria update the group on the progress of the claim. The Mirning claim is one of 23 claims Native title claims lodged in the Bendigo across the state. West Coast Sentinel (Ceduna), region are now in mediation. There are pg 2. 04 December 2003. Mirning claim: about five claims which cover an area from WC01/1 W6001/01. Charlton in the north, Daylesford in the south, Bendigo to the east and St Arnaud to the west. However, it is expected that all the 26 Aboriginal communities in South Austra- claims concerning the area would eventually lia have come together to negotiate, rather be brought under the one administration. At than litigate native title agreements with the present, other groups party to the claim in- state's mining, farming and fishing indus- clude grazing leaseholders, apiarists and local tries. Aboriginal Legal Rights Movement and State government. Hamilton Spectator, pg executive officer Parry Agius said yesterday, 17. 25 December 2003. Gournditch-mara the co-operation between communities had VC99/7, VG6004/98. Bendigo Advertiser, pg 6. led to the first negotiated agreements in 15 November 2003. Dja Dja Wurung claim: Australia for exploitative access to Aborigi- VC00/1, V6001/00. nal lands. Weekend Australian, pg 10. 06 De- cember 2003. ATSIC Victoria has appointed seven tradi- tional owners as new directors of the Native The Antakarinja and Arabunna people have Title Services Victoria (NTSV). NTSV was signed history-making agreements with the established in August this year to replace the minerals exploration industry, becoming the former native title representative body for first groups in South Australia to strike deals Victoria, the Mirimbiak Nations Aboriginal under the statewide Indigenous Land Use Corporation. Latrobe Valley Express, pg 5. Agreement (ILUA) program. The other par- ties to the agreement were the South Austra- lian Chamber of Mines and Energy, the The Federal government is supporting Vic- South Australian Government and Aborigi- toria's Wotjobaluk people's in-principle na- nal Legal Rights Movement (ALRM). ALRM tive title agreement. Federal Attorney- executive officer Parry Agius, said the General Philip Ruddock signalled the gov- agreements were historic and would pave ernment’s wish to see a negotiated recogni- the way for similiar agreements with other tion of native title rights for the Wotjobaluk native title claimants. Koori Mail, pg 6. 17 De- people. The Wotjobaluk people's barrister, cember 2003. Antakarinja claim: SI2003/007 Campbell Thomson, said he was very & Arabunna claim: SI2003/008. pleased by the announcement which re- flected popular support for the agreement over land in the Wimmera. The agreement The Kaurna Aboriginal community has has still to be approved by key respondents, signed a Unity Memorandum of Agreement including farmers, sporting shooters and with the cities of Holdfast Bay, Marion, On- beekeepers. These respondents however, daparinga and the District Council of Yanka- have indicated they will follow the Com- lilla. Minister for Aboriginal Affairs and monwealth's lead. The Age, pg 7. 21 Novem- Reconciliation, Terry Roberts announced the ber 2003. Wotjobaluk claim: VC99/5, signing and said it was a landmark occasion V6005/99. for all involved. The Department of Abo-

Native Title Newsletter No.4/2003 11 Industry and Indigenous groups were Mediation between the State government briefed on the details of the agreement in and Gournditch-mara native title claimant Kalgoorlie-Boulder last week. The agree- group will continue until the matter returns ment between the GLSC, the State govern- to the Federal Court next year. Justice Tony ment, the Chamber of Minerals and Energy North said at a court directions hearing in and AMEC was expected to be followed by Melbourne recently, that he was satisfied similar agreements in the Pilbara, mid-west with the progress being made on the claim and south-west with negotiations continuing and adjourned the matter until 17 March 04. in the central desert and Kimberley regions. Hamilton Spectator, pg 17. 25 December 2003. Golden Mail, pg 11. 07 November 03. Gournditch-mara claim: VC99/7, VG6004/98. The Goldfields Land and Sea Council be- lieves the findings of the Productivity Western Australia Commission Report underlines why funding for native title representative bodies must be The Office of Native Title has been ques- increased. GLSC director Brian Wyatt, said tioned by the Goldfields Land and Sea in a press release last week that the report Council (GLSC) in south-east Western Aus- documented the "marked and widespread tralia, claiming it is hindering the settlement disadvantage suffered by Aboriginal people". of claims in the region. The Kimberley Land Mr Wyatt also stated that Indigenous peo- Council is also concerned about the State's ple's quest for native title is at the frontline approach. Brian Wyatt, executive director of of overcoming disadvantage. Golden Mail GLSC, said the Office of Native Title has (Kalgoorlie), pg 9. 21 November 2003. for two years failed to attend meetings and respond to correspondence in regards to the Wongatha claim: WC99/1, WAG6005/98. After the signing of an agreement by the ABC Online. 17 December 2003. WA government, traditional lands will be returned to an Aboriginal community in Western Australia's Kimberley region. The The Australian Seafood Industry Council Nyangumarta people will control an eight and Aboriginal and Torres Strait Islander hectare reserve at Wallal, about 350 km Commission have recently agreed to estab- south of Broome on a 99 year lease. The 100 lish a working group for native title sea strong group hope to build homes and live rights. The working group is a result of a on the land, in areas spread throughout conference in Fremantle, convened by the Broome, Port Hedland and two other In- NNTT. The group aims to define national digenous communities. Chris Cottier from Indigenous fishing rights from which local the Department of Indigenous Affairs said agreements between commerical fisherman the Indigenous claimants also wish to estab- and traditional owners could be negotiated. lish a tourism venture. ABC News Online. 02 Burnie Advocate, pg 30. 05 November 2003. December 2003.

WA's mining industry, native title claimants The KLC is facing a $2.6 million shortfall in and the State Government have successfully funding for the financial year, according to reached agreement on an Aboriginal heritage KLC executive director Wayne Bergmann. protection template that will speed up access The KLC presented a proposed budget to its to land by explorers in the Goldfields region. funding body, the Aboriginal and Torres Deputy Premier Eric Ripper, who is respon- Strait Islander Services, to the amount of sible for native title, said the agreement $6.6 million for the 2003-2004 financial year. struck a balance between the interests of In- ATSIS offered the KLC $4 million. Five of digenous people in protecting their heritage the seventeen native title claims currently in and the economic development of the State. litigation across the country are run by the

Native Title Newsletter No.4/2003 12 Kimberley Land Council. Kimberley Echo, pg ILC chairperson to be able to take part in 5. 04 December 2003. handing back people some of their country. Spokesperson for the Yulga Jinna Corpora- tion, Tim Riley, said the ceremony was a Final evidence in the first Goldfields native great day for everyone to come together and title claim began in the Federal Court in celebrate the return of their land. Yamatji Perth recently. The evidence for the Won- News (Geraldton), pg 4. 17 December 2003. gatha claim which covers about 160,000sq Nharnuwangga Wajarri & Ngarlawannga km in the northern Goldfields, was expected claim: WC99/13, WAG72-75/98. to be finished in September, however the cross-examination of some anthropologists took longer than expected. Justice Kevin Western Australia's longest-running native Lindren set down time to hear the final evi- title claim was settled last week. The Miriu- dence from expert witnesses. Final submis- wung-Gajerrong people were granted exclu- sions will be made to the court early this sive rights to some tracts of the east year. Kalgoorlie Miner, pg 3. 08 December Kimberley region and shared rights to oth- 2003. Wongatha claim: WC99/1, ers. The full Federal Court convened in WAG6005/98. Kununurra to ratify the determination. All parties including the WA and Federal gov- ernments agreed over all lands and waters The Yulga Jinna Aboriginal Corporation re- within the 8000 sq km claim. The Miriuwung cently celebrated the official return of some Gajerrong people were granted full native of their land at Mulgul Station. Located title rights over Lacrosse and Kanggurryu north-west of Meekatharra, Mulgul Station is islands, Glen Hill Station and Hagan Island in the heartland of the group's traditional in Lake Argyle. Koori Mail, pg 3. 17 Decem- country. Chairperson of the ILC, Ms Shirley ber 2003. Miriuwung-Gajerrong claim: McPherson said it was always a privilege as WC94/6, WG6003/98

APPLICATIONS LODGED

The National Native Title Tribunal posts summaries of applications that are lodged with them, on their website, . The following lodgements are listed for November/December.

Claimant Applications Date Filed Application Name State/ Tribunal Federal Court File Territory File No. No. 12/11/03 #2 QLD QC03/15 Q6014/03 28/11/03 Single Noongar Claim WA WC03/7 W6012/03 (Area 2) 11/12/03 Sassie QLD QC03/16 Q6015/03 17/12/03 Glen Helen NT DC03/7 D6007/03 18/12/03 Glenda & Rebecca NSW NC03/2 N6007/03 Chalker

Non-claimant Applications 11/11/03 Kriann Investments NSW NN03/5 N6006/03 Pty Limited

Native Title Newsletter No.4/2003 13