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NEWSLETTER JULY 2019 5 40 Years Walking the Long Road to Justice 5 Ngarrawanji, Yurrinyagem Taam and Malarngowem Native Title Determinations

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NEWSLETTER JULY 2019 5 40 Years Walking the Long Road to Justice 5 Ngarrawanji, Yurrinyagem Taam and Malarngowem Native Title Determinations dfsf KIMBERLEY LAND COUNCIL NEWSLETTER 2019 JULY • GETTING BACK COUNTRY • CARING FOR COUNTRY • SECURING THE FUTURE PO •Box GETTING 2145 Broome BACK COUNTRYWA 6725 Ph:• CARING (08) 9194 FOR 0100 COUNTRY Fax: (08) • SECURING 9193 6279 THEwww.klc.org.au FUTURE Don’t miss pages 4 – 7 for all the latest on the Ngarrawanji, Yurriyangem Taam and Malarngowen native title determinations! 4 KLC supports Traditional Owners over unauthorised land clearing Nyikina Mangala Traditional owners have confirmed an international corporation is undertaking a land-clearing operation on Yakka Munga Station and has breached a registered Indigenous Land Use Agreement (ILUA) and destroyed important cultural sites. On the 5th of June 2019 Traditional Owners discovered at Yakka Munga Station and confirmed that the management company Shanghai Zenith has begun clearing land to make way for what we believe are irrigation channels and to harvest water. Aboriginal people are warned that this newsletter may contain images of deceased people. Mr Skinner addresses Tom Lyon, Noonkanbah Photo: Michael Gallagher Looking back on the KLC aspiration of Aboriginal people to protect 1999 - 20 years ago their sacred sites and their relationship Conservation Reserves to land. Mining companies want to deal with Aboriginal people on terms dictated CALM reserves cover 4 per cent of by the company and not as a result of the Kimberley. CALM has plans to turn paper negotiated agreements between another 6 per cent of the Kimberley land themselves and the appropriate groups. and sea country into national parks. All The practice of mining companies of it is within native title claim areas. KLC making token payments to communities has asked CALM to negotiate a regional or individuals in the form of money or agreement about Aboriginal management vehicles is no substitute for properly of national parks in the Kimberley. Instead negotiated agreements incorporating site CALM wants to turn more areas of protection measures, compensation for Mitchell Plateau, Mimbi Caves and Mt Hart disturbance to land, and codes of conduct into national parks under CALM’s control. for miners enforced by strong legislation. 1984 - 35 years ago Aboriginal people have fought hard to defend our lands, waters and our rights Mining company attitudes and the KLC continues to defend the very The KLC is very concerned at the inability same issues when it comes to mining. of mining companies operating in WA to come to terms with the legitimate 2 APRILJULY 20192019 KIMBERLEY LAND COUNCIL 2 Kimberley Land Council Newsletter July 2018 Message from the Chairman Marboo Ngimbi, Well I think it is safe to say that the first six Mr Wyatt has a big job ahead. We have months of 2019, feel like 12 months! We’ve had called on him to prioritise key issues, such a huge schedule of work to complete and we as Indigenous suicide in the Kimberley and a have seen some important outcomes already Voice in the Constitution. We are hopeful that this year. Mr Wyatt’s appointment will lead to positive change for Aboriginal people in the Kimberley One of the highlights for me personally, was and all across Australia. attending the three native title determinations in the East Kimberley for Ngarrawanji, In other news, the Kimberley Land Council Malarngowem and Yurriyangem Taam. These will be representing Jabirr Jabirr/Ngumbarl determinations represented the decades of and Bindunbur native title holders in a very struggle the Traditional Owners have been significant High Court case later this year. though to get their native title rights and interests recognised. In June, the High Court of Australia granted leave to the Commonwealth and WA State It was moving to see so many of our old governments to appeal the Full Federal Court people and leaders of the Kimberley Land decision in the Bindunbur and Jabirr Jabirr/ Council, who were part of these claims, finally Ngumbarl determination area. get what they’ve been fighting for – legal recognition as the Traditional Owners of their The Court has already determined that country. Nimanburr, Jabirr Jabirr/Ngumbarl and Nyul Nyul people have native title rights and Our elders took up the fight of the land council interests in the Middle Dampier Peninsula. many years ago. They did it to stand up for the Nothing in the High Court appeals will change rights of all Aboriginal people in the Kimberley this. What this court case is about, is the rights and to tell governments that Aboriginal people of native title holders to make choices about would no longer sit back and let things be what happens to and on their land. done to them. The appeals are likely to be heard in the High For me, it was very special to see these leaders Court later this year or early next year. We will and their younger generations get their native continue to provide regular updates to the title and I sincerely congratulate all of the native title holders affected. Traditional Owners on this achievement. Next time we will catch up is at the KLC AGM, A significant moment in history occurred in which is scheduled for the week starting 22 May this year, with the first Aboriginal person September. I look forward to seeing you all chosen to take on the portfolio of Indigenous there. Affairs within the Australian Government. Ken Wyatt, a Noongar man, was promoted to the position after the Liberal party formed Government. It is a significant appointment and means that for the first time ever an Anthony Watson Aboriginal person is in charge of the part of government that determines much of what happens to Aboriginal people in this country. NEWSLETTER APRILJULY 20192019 3 40 years walking the long road to justice 3 Ngarrawanji Native Title Determination, Moola Bulla Station. Historic week of Kimberley native title determinations The Federal Court of Australia recently travelled to the Kimberley to determine three separate native title claims in one week, bringing the total determined area of the region to 93.5 per cent. More than 100 people gathered firstly at mind and a clear heart,” said Greg Tait, Moola Bulla Station, east of Halls Creek, a member of the Applicant for the for the determination of the Ngarrawanji Ngarrawanji native title claim. “We got native title claim. here and we should all be very proud of that. All the old people and the spirits The Federal Court then travelled further will be very proud to see us and our kids into the East Kimberley to the community here today.” of Warmun where the determinations for the Malarngowem and Yurriyangem Shirley Purdie is part of the Applicant for Taam native title claims took place. the Yurriyangem Taam native title claim The ceremony also included a special and is also part of the Malarngowem acknowledgment of the Goorring native claim. She said the native title title determination which occurred in determination would be a happy day. Perth late last year. “We feel good, we really happy, we been The historic determinations recognised in waiting long time for it, we really happy total more than 34,000 square kilometres we gonna gettem back for Yurriyangem of country in the East Kimberley as native Taam. Gettem native title for our country.” title lands – an area bigger than the Jean Malay is part of the Yurriyangem European nation of Belgium. Taam and Malarngowem native title The determinations were made by claims. She said there would be mixed the Honorable Justice Mortimer for feelings on the day of the determination. Ngarrawanji on Tuesday and the Honorable Justice Banks-Smith for “Many of our elders have passed and now Malarngowem and Yurriyangem Taam that we are ready for this recognition we on Thursday. wish they were here with us. We will feel a little emotional, but happy as well.” “Today we can walk away with a clear 4 JULY 2019 KIMBERLEY LAND COUNCIL 4 Kimberley Land Council Newsletter July 2018 Ngarrawanji Native Title Determination, Moola Bulla Station. Kimberley Land Council Chief information to prove their connection to Executive Officer Nolan Hunter said the country,” he said. determinations are a testament to the “We are seeing that the process of native Traditional Owners who have never given title is creating trauma in people’s lives, up on their fight for recognition by the in addition to the trauma people have Australian Government of their ongoing already experienced from being forcibly and unbroken connection to country. removed from their country. “I sincerely congratulate the Traditional “Many of our elders do not live to see the Owners,” Mr Hunter said. “Securing native day that their native tile is determined and title gives people authority to make for those native title claims still on foot, decisions about what happens on their many of our old people are no longer here land – rights that were unjustly taken to provide first hand evidence. away during colonisation.” “Native title is an extremely important Mr Hunter also acknowledged the recognition of people’s rights before the difficulty of the native title process and law, but it comes at a cost. This cost must the emotional toll it has placed on many be recognised and we must look at how Traditional Owners. we can improve the native title process “The native title process forces people so that it is less onerous, traumatic and to disclose deeply personal and sensitive divisive for our people.” NEWSLETTER JULY 2019 5 40 years walking the long road to justice 5 Ngarrawanji, Yurrinyagem Taam and Malarngowem Native Title Determinations 6 JULY 2019 KIMBERLEY LAND COUNCIL 6 Kimberley Land Council Newsletter July 2018 NEWSLETTER JULY 2019 7 40 years walking the long road to justice 7 KLC supports Traditional Owners over unauthorised land clearing Nyikina Mangala Traditional owners have Walalakoo Aboriginal Corporation sent a confirmed an international corporation is notice to Shangai Zenith to immediately stop undertaking a land-clearing operation on Yakka excavation activities and has sent a stop work Munga Station and has breached a registered order to WA State Government ministers, Indigenous Land Use Agreement (ILUA) and including Agriculture and Food Minister destroyed important cultural sites.
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