The Full Federal Court has upheld an appeal to a 2005 native title determination by Western Australia’s Bardi and Jawi people.
The decision on 18 March overturns part of the previous determination and now recognises both the Bardi and Jawi people’s native title rights and interests to land and waters at One Arm Point, near Broome.
Justice Robert French determined that native title be recognised for the Bardi and Jawi people of WA's Kimberley region at a Federal Court hearing in November 2005.
Bardi Elder Paul Sampi addresses the audience after the November 2005 hearing at One Arm Point, near Broome.
An appeal against some of Justice Robert French's 2005 determination was upheld in a March 2010 Full Federal Court decision.
The Court also rejected cross-appeals from the State Government, concerning the Bardi People’s rights, and the WA Fishing Industry Council, concerning fishing rights.
The 2005 native title decision by then Federal Court judge Robert French determined a joint application from the Bardi and the Jawi people.
The 2005 decision recognised the Bardi People’s native title rights and interests over 1,037sq km of coastal land and the Jawi People’s rights as a group within the Bardi People’s application, but not as a separate people.
Federal Court judges John Mansfield and Tony North upheld an appeal from the Jawi people to be recognised as a separate native title group, with their own rights and interests to land and waters in the application area.
Cross-appeals from the State Government and the WA Fishing Industry Council were not upheld.
This means the Bardi and Jawi people’s communal fishing rights, as recognised in 2005, have been retained.
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