Through a consent determination, only the third to occur in Western Australia, the Tjurabalan people have achieved legal recognition of their native title rights, further demonstrating that positive outcomes can be achieved through constructive negotiation.
Today at Mulan, south of Halls Creek, Justice Christopher Carr of the Federal Court of Australia made the consent determination over approximately 26,000 sq kms of land and waters in the Tanami Desert region, in favour of the Tjurabalan people.
National Native Title Tribunal Member, Fred Chaney, congratulated the Tjurabalan people and all parties involved, including the Kimberley Land Council, the Ngaanyatjarra Land Council Aboriginal Corp, the State Government and various mining interests on their constructive and successful negotiations.
"This result is a fine example of what can be achieved when various groups, with interests in the same area, come together at the negotiating table to discuss issues and make agreements," he said.
"This consent determination reinforces the Tribunal's belief that negotiation is an effective and desirable alternative to court action."
The Kimberley Land Council, working in conjunction with the native title representative body for the region, the Ngaanyatjarra Council Aboriginal Corporation, represented the Tjurabalan people in their claim. Their application was lodged with the Tribunal in 1995.
Mr Chaney said the mediation that had followed had initially been unsuccessful and litigation had appeared to be the only option to proceed with. However, the recently elected Gallop Government had recommended that the parties return to the negotiating table.
"I commend the Western Australian Government for acknowledging the rights and interests of the Tjurabalan people and for supporting the continuation of negotiation, as opposed to litigation, which is a costly and lengthy process.
"As a result the Tjurabalan People have succeeded in securing legal recognition of their native title rights far sooner than would have been possible through litigation, while fostering a spirit of cooperation between the parties.
"This is just the third consent determination to occur in Western Australia and another positive step towards the resolution of the State's many and varied native title issues." |