Requirements for proving native title were clarified today when the High Court dismissed the Yorta Yorta People's appeal against a Federal Court finding that their forbears had ceased to occupy their lands in accordance with traditional laws and customs.
The judgment has brought the Yorta Yorta People's nine year pursuit of native title recognition over areas covering 1,860 sq km of land and waters along the Murray River in south-eastern Australia to a conclusion.
National Native Title Tribunal President, Graeme Neate, said it was clear that many Indigenous groups pursuing native title faced a difficult challenge. Indigenous groups must show 'substantially uninterrupted' traditional links to their country to prove native title.
'This is the fourth in a series of High Court decisions on native title over the past year. With outcomes of the Yorta Yorta, Ward, Wilson and Croker Island cases now known, parties can be more realistic and focus on achievable outcomes through mediation,' he said.
'Today's decision reinforces that litigation is an onerous way to go. We encourage all parties to reach mediated agreements that will help to meet Indigenous people's aspirations for recognition and access to land - whether or not that includes a determination that native title exists.
'The Yorta Yorta mediation was one of the earliest to be undertaken under the Native Title Act. However mediation ceased soon after it started as it was obvious the differences would not be resolved and the matter would have to go to trial before a judge. There is more experience with mediated settlements since that time and the Tribunal and parties have found more innovative ways of managing large mediations like this one.
'Mediation of native title claims can now proceed with clear guidelines from the courts about where native title might survive and the extent of evidence that must be provided. It is up to State Governments, claimants and other groups to develop innovative agreements that meet the interests and needs of all those involved.
'Such agreements are already being made, for example the State of Victoria and the Wotjobaluk People recently reached an in-principle agreement in Victoria that may result in a determination that native title exists over some land in the Wimmera region. This is a multi-faceted agreement that involves a plan for co-management of national parks and other areas of cultural significance between the Wotjobaluk and the Department of Natural Resources.'
Mr Neate said despite the hurdles for Indigenous people to prove their native title, their aspirations for recognition of their traditional rights and interests and their access to land were not likely to diminish.
'The challenge for parties is to find practical, just and enduring ways to deal with these interests.'
Background Information
Map of Yorta Yorta Native Title Claimant Determination (PDF)