• Wik and Wik Way finalise indigenous land use agreement
• Land agreements between native title holders and pastoralists
• Tribunal registers Wik agreements
• Agreement settles Wik native title claim
• New claim from Wik and Wik Way People
• Wik Peoples’ native title recognised
• New deal needed for pastoralists and traditional owners

• Native Title Hot Spots Issue 12
• Wik and Wik Way Peoples - research paper

• native title applications
• native title determinations
• indigenous land use agreements

The Wik and Wik Way People’s native title journey

The Wik and Wik Way People drew national attention in 1996 when the High Court found that native title could co-exist with some pastoral leases. Their native title claim had raised the question of whether native title could exist over pastoral leases and if so, to what extent.  It was the first time this had been tested under native title law. The High Court’s Wik decision has resulted in native title claimants and pastoralists across Australia getting together to negotiate agreements and reach consent determinations. The Wik and Wik Way People themselves have since achieved four consent determinations through negotiations with parties to their claims.

Native title claim resolved by consent determination

This consent determination concluded a native title application the Wik and Wik Way People lodged with the Federal Court on 14 September 2001. The claim was over about 1,150sq km area on the western side of Cape York Peninsula, south of Weipa and north of Pormpuraaw.

The Federal Court recognised the Wik and Wik Way People’s non-exclusive rights to:

• camp, erect shelters and other structures and live on the determination area
• access, use and move about on the determination area
• take and use the natural resources to meet personal, domestic or non-commercial communal needs
• maintain and protect sites and places of significance in the determination area
• conduct social, religious, cultural, spiritual and ceremonial activities
• hunt and gather to meet personal, domestic or non-commercial communal needs

The Court also recognised the Wik and Wik Way People’s non-exclusive native title rights to the water. They are to:

• hunt, fish and gather to meet personal, domestic or non-commercial needs
• take, use and enjoy the water to meet personal, domestic or non-commercial communal needs.

Indigenous land use agreements (ILUAs)**

During negotiations the Wik and Wik Way People developed two indigenous land use agreements (ILUAs) with parties to the claim. 

One of the ILUAs is between the Wik and Wik Way People and the Cook Shire Council. It sets out how the native title rights and interests will be carried out while the Council develops infrastructure and delivers services. The determination is conditional upon this ILUA being registered by the National Native Title Tribunal. ILUAs are finalised and legally binding once they have been placed on the National Native Title Tribunal’s Register of Indigenous Land Use Agreements.

The other ILUA is between the Wik and Wik Way People and Rio Tinto. It ensures that the Western Cape Communities Co-existence Agreement (WCCCA), made on 14 March 2001, is honoured and allows for certain provisions of the WCCCA to be waived under specified circumstances.

Managing the native title rights (PBC)

Under the Native Title Act 1993, native title holders are required to set up an incorporated body, called a prescribed body corporate, within 12 months of the determination to manage their native title rights and interests. The Ngan Aak-Kunch Aboriginal Corporation RNTBC will be the prescribed body corporate for the Wik and Wik Way People.

High Court’s Wik decision

The High Court’s decision on the Wik native title application in 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 a pastoralist prevail.

A native title determination is a decision by the Federal Court of Australia that native title does or does not exist over an area of land or water.  If the parties to a native title claim reach agreement, and the Federal Court endorses the agreement, it is called a consent determination.

**ILUAs are voluntary agreements about the use and management of land, made between a native title group and other people.  ILUAs are flexible and can be made about a variety of matters to ensure a practical relationship is established and that each party obtains the security and benefits they are seeking,  such as arrangements for sharing land, ensuring that public infrastructure can continue to be developed and how native title rights and interests will be exercised.