National Native Title Tribunal President Mr Graeme Neate today congratulated the Wik and Wik Way Peoples on achieving formal recognition of their native title rights under Australian law. The decision covers approximately 6,000 square kilometres of Aboriginal held land on the western Cape York Peninsula.
The Wik application, lodged in 1994, achieved national prominence when it was the subject of an historic High Court decision in 1996 which found that native title could coexist with a pastoral lease.
The Federal Court sitting in Cairns today ratified an agreement reached between the Wik and Wik Way Peoples, the Queensland Government and other parties through mediation with the National Native Title Tribunal.
Mr Neate commended all parties to the negotiations for reaching agreement on important native title issues.
The agreement recognised native title rights to most of the land covered by the Aurukun Shire Lease and part of the Pormpuraaw Community Council on the western side of the Cape York Peninsula, south of Weipa.
Mr Neate said today's determination included the Aboriginal held areas of the original Wik claim (excluding the Township of Aurukun and the Aurukun access road). The rest of the claim, covering pastoral and mining interests, local government lands and sea to four nautical miles, is continuing in mediation with the Tribunal.
Mr Neate said today's agreement was the 12th determination of native title reached through agreement rather than litigation, and the 10th in Queensland.
"The national tally of native title determinations reached through agreement has doubled this year," said Mr Neate.
"The trend towards agreements shows increasing recognition that negotiation is the best way to work through issues as they affect people on the ground."
The High Court's Wik Decision on 23 December 1996 found that the grant of a non-exclusive pastoral lease did not necessarily extinguish native title and that native title rights could co-exist with the rights of a lessee. The decision also said that where there was a conflict of rights, the rights of the pastoralist prevailed.
Mr Neate said that the Tribunal would continue to convene meetings between the Wik and Wik Way Peoples and pastoralists, miners, fishers, local government, the Queensland Government and others to explore whether native title continues to exist and if so how it might coexist with the rights of others in the remaining areas of the Wik claim. |