The Yawuru People of the Broome region, in Western Australia, have experienced a long and eventful journey on their road to resolving their native title claims.

The people's work began in 1994 when they submitted their first claim, the Rubibi 1 application.

In the years since there have been determinations of native title for the Rubibi 6 (2001) and Rubibi Community (2006) applications.

Final resolution for matters following these determinations was achieved on 25 February 2010 when the Yawuru People and the State Government signed two indigenous land use agreements (ILUAs).

These ILUAs resolved all native title and compensation issues over about 5,300sq km of land in and around Broome, which the Federal Court had previously found to be subject to native title.
 
The Yawuru Prescribed Body Corporate and Area Agreement ILUA, lodged with the National Native Title Tribunal on 3 March, included a $196 million package comprising land and money for the Yawuru People.

Registration of these ILUAs with the Tribunal is still to come, following the notification period required by the Native Title Act.

Since the people’s claims were first lodged, the Tribunal has provided mediation, research and geospatial assistance; registration of the native title applications and determinations; and pre-lodgment comments and geospatial assistance to the draft ILUAs signed in February 2010.

Tribunal Member Daniel O’Dea and former Member Fred Chaney both contributed to the mediation of the Yawuru People’s native title claims—Mr Chaney up until 2003 and O’Dea from 2003 to 2006.

The Tribunal convened about 25 meetings for the Rubibi claims from 2001 to 2005. Parties involved in the meetings included the Kimberley Land Council, the Office of Native Title, the State Solicitors office and legal representatives for the affected parties to the claim.

Member O’Dea said that with the resolution of native title matters the Yawuru People can now progress their plans for land management, care and development in the Broome area.

“The Rubibi claims have been complex and it has taken many years of patience and hard work by all parties to see this outcome,” he said.

“The Yawuru People can now move on knowing their stake in this land is recognised and their place in Broome’s future assured.”

Stepping stones

• 1994 First claim—First native title application from Broome’s Yawuru People: the Rubibi native title application on 31 October 1994.

• 1998 Overlapping claims—Mediation conducted by the Tribunal over two years was unsuccessful between the overlapping Rubibi (WC95/28) and Leregon (WC95/43) native title applications. As a result, the Tribunal referred these to the Federal Court for their direction. The applications related to 7sq km at Fishermen's Bend, near Broome. The first application was lodged on 28 July 1995 by the Kimberley Land Council for the Yawuru traditional owners. The second application was lodged on 10 August 1995 by Jack Lee for the Yawuru People’s Leregon clan.

• 1999 Claims combined—The Federal Court ordered on 21 September 1999 that eight underlying claims be combined. The lead application, WC99/23 Rubibi (WAD6006/1998), which was the amended combined application, was accepted for registration by the Tribunal on 24 September 1999. Each claims' Tribunal file number, name and lodgment date are:

• WC94/1  Yawuru, 2 Feb1994 
• WC94/9  Rubibi 1, 31 Oct1994 
• WC95/4  Rubibi 2, 11 Jan1995 
• WC95/6  Rubibi 4, 11 Jan1995 
• WC95/7  Rubibi 5, 11 Jan1995
• WC95/5  Rubibi 3, 11 Jan1995
• WC95/50  Rubibi 8, 26 Sept1995
• WC97/102 Rubibi 16,1 Dec 1997

• 2001 Rubibi 6 determined—The Rubibi 6 native title application determined 7 November 2001. This determination area covers 1.2sq km. The claim area covers the Kunin law ground in Broome, within the larger Rubibi combined application.

• 2002 Tribunal mediation begins—Tribunal involvement in indigenous land use agreement ILUA negotiations begins, mediating ILUA development and terms for the consent determination.

• 2004 Call for interests in claim area—Tribunal advertises the Rubibi claim on 1 December 2004 over 2,934sq km so that people with interests in the area have the chance to take part in talks about the claim.

The application is for land in the Shire of Broome and includes land in the Broome town and the Roebuck Plains Pastoral Lease. The advertising follows Federal Court orders about this application on 29 September 2004.

• 2004 Native title application amended—Justice Merkel allows a further amendment to the application, 29 September. This was accepted for registration 12 May 2005.

• 2005 Mediation changes—Tribunal ceases mediation and the matter is referred to Federal Court Deputy Registrar Efthim to take over the conduct of the mediation. The Tribunal continues to help deal with ancillary matters including the negotiation of ILUAs and pastoral access agreements which are part of the overall resolution of the claim.

• 2006 Native title determined—Native title recognition for the Yawuru people in Broome, 28 April 2006, by Justice Ronald Merkel.

The judgment on Broome's Town Beach recognises the Yawuru people as the rightful native title holders, showing they successfully maintained their traditional laws and customs in relation to the land and waters covered by the Rubibi application. The area includes pockets of land in and around the town and two pastoral stations, one of which is held by the Indigenous Land Corporation.

National Native Title Tribunal Deputy President Fred Chaney said the native title process had involved stages of litigation and intensive periods of mediation over several years.

• 2006 Registration of ‘no native title’ determination—Claim registered on the National Native Title Register, 3 May 2006, to the extent that native title was determined not to exist. That is, native title does not exist in relation to the land and waters described in schedule 3 of the determination.)

• 2008 May Appeal decided—Outcome of an appeal to the Full Court of the Federal Court handed down, 2 May 2008. See Western Australia v Sebastian [2008] FCAFC 65.Two competing claims are made for a determination of native title in respect of land and waters in and around Broome.

The first claim, referred to as the Yawuru claim, is made by 12 people for the Yawuru community. This is for communal native title rights and interests in respect of land and waters in the area.

The competing claim, the Walman Yawuru (WY) claim, is made by three people for an area within the Yawuru community’s claim area. The WY claimants oppose the Yawuru claim on the basis that native title in the Yawuru claim area is for clan rather than communal native title. The WY people claim group native title rights and interests for their claim area on behalf of their clan.

• 2008 July Appeal orders made—Orders giving effect to those reasons for judgment (of 2 May 2008) are delivered 18 July 2008, finalising the appeal of the Rubibi proceedings. The state’s appeal and the Walman Yawuru cross-appeal are dismissed, the Rubibi cross-appeal is allowed in part and the determination of native title made on 28 April 2006 is varied to reflect the court’s findings on the appeal.

• 2008 August State appeals—The State filed an application for special leave to appeal against findings made in Western Australia v Sebastian [2008] FCAFC 65 that Reserve 631 was not validly created and that Reserve 1647 was not vested in trustees under the Cemeteries Act 1897 (WA). This application was discontinued on 31 July 2009.

• 2008 September determination registered—The remainder of the determination area where native title was determined to exist is entered on the National Native Title Register, 11 September 2008.

Yawuru Native Title Holders Aboriginal Corporation is nominated as the Trustee Prescribed Body Corporate prescribed body.

• 2010 Broome’s Yawuru agreement—An agreement between the Yawuru People, the WA Government and the Broome Shire Council  for a $196 million native title settlement is signed in Broome, WA, 25 February.

The ILUAs resolve all native title and compensation issues over about 5,300sq km of land in and around Broome, where native title had previously been determined. The ILUAs aim to resolve all heritage issues affecting land required for future development and provide financial security for the Yawuru community.

The Yawuru community to receive land valued at about $140 million for development, cultural and social welfare and about $56 million for capacity building for the local indigenous community, preservation of culture and heritage, economic development, social housing and joint management of a proposed conservation estate.

The ILUAs are yet to be registered by the National Native Title Tribunal. The process is expected to take about six months.

• See links on this page to Tribunal media releases, native title application and determination summaries, maps, Office of Native Title and Tribunal photos and a WA Government media release.