Rights restored in WA native title win
Fifteen years after the application was made, traditional land owners in WA’s Pilbara region have gained legal recognition.
A Federal Court ruling this week granted native title to the Jurruru People for 10,500 square kilometres of land running from the shire of Ashburton to Upper Gascoyne.
A subsequent consent determination has granted non-exclusive rights to the land, after the Yamatji Marlpa Aboriginal Corporation (YMAC) took on their claim.
The Jurruru People maintain their living culture through ancient and deeply spiritual ceremonies, beliefs, music, art, laws and knowledge of their lands.
The ruling grants recognition under the Australian legal system for the Jurruru People’s own system of laws and customs in relation to land and ownership, which were in operation well before European settlement.
YMAC CEO Simon Hawkins told ABC reporters that being granted the consent determination was quite rare.
“Traditional owners have to present connection material that shows their constant connection to country, through a report that's prepared by an anthropologist,” Mr Hawkins said.
“It's a great way of avoiding the very expensive costs of litigation, but with the current State Government, it is a very high bar that we have to meet.”
“Native title is not a lease or a title of ownership of land,” Jurruru traditional owner Ivan Smirke said.
“It's recognition, respect and acknowledgment of the wider Australian community and its leaders of our nation that the laws, culture and heritage of our ancestors still exist.”
The determination comes with the right to hunt, fish, gather, take and use the traditional resources of the land, including water.
It also means that any new plans for development will have to pass good faith negotiations with traditional owner groups.
“Native title doesn't stop mining, you can't stop mining in Western Australia,” Mr Hawkins said.
“But in my experience if you come towards a party with a respectful view and you're trying to take on board some of their concerns, then generally people are quite reasonable and try and reach an agreement.”
In fact, the Jurruru People have already shown a willingness to negotiate over the use of their land, having signed future agreements with several mining companies.
“That said, there's quite a few companies that still view - even 20 years after Mabo - native title as an impediment,” Mr Hawkins said.
“The Jurruru people have always known they are the Jurruru People, but to have formal recognition is a massive achievement and a step in the right direction.”