Western Australia's largest Indigenous group, the Noongar People of the south-west, have today lodged the 'Single Noongar Claim' in the Federal Court.
Represented by the South West Aboriginal Land and Sea Council (SWALSC), the Noongar People are seeking legal recognition of their native title rights over a 194,000 sq km area of land and waters in the south-west region.
The 'Single Noongar Claim' covers the area of six previous native title applications - Yued, Ballardong, Gnaala Karla Booja, Combined Metro Claim, South West Boojarah and Wagyl Kaip.
The Noongar People decided to unite in their pursuit of native title recognition following months of discussions with SWALSC which consulted extensively with the region's Noongar communities on their approach to native title.
National Native Title Tribunal Deputy President Mr Fred Chaney said the Noongar People's effort to reach a united position held out the prospect of a new set of relationships between the Noongar People, the State Government and others.
'To have got to the point of lodging a united claim is extremely significant in light of the Noongar People's long history of dispossession and dispersal,' he said. 'It provides an historic opportunity to deal with a wide range of issues through the native title process.
'In this, the most closely settled part of Western Australia, native title has been extinguished over much of the area claimed by the Noongar People, including some national parks and all freehold land. However, there are various options that can be explored within and beyond the scope of the native title process to develop agreements that will benefit the Noongar People.
'The application presents an opportunity for the Western Australian community to acknowledge the Noongar People as the first people of this part of Australia and a process that may provide for coexistence and a sustainable future. The Tribunal encourages the State Government and the South West Aboriginal Land and Sea Council, on behalf of the Noongar People, to look for practical and realistic outcomes through the mediation process.'
The Federal Court will provide the Tribunal with a copy of the Single Noongar Claim and the Tribunal will then apply the registration test to check that the claim meets a set of conditions, as required under the Commonwealth Native Title Act. If the claim passes the test and is registered, the Noongar People will gain the right to negotiate, the right to oppose non-claimant applications, and certain other rights while their claim is pending. If the application does not meet the requirements of the registration test, the application will continue through the Federal Court and Tribunal processes without those procedural rights.
Following the application of the test the Tribunal will notify individuals and groups who may have interests in the claimed area so that they may have the opportunity to register with the Federal Court to become a party to the claim. If the Federal Court decides that the Tribunal should mediate the claim, the registered parties will have the opportunity to participate in talks aimed at reaching a mutually agreeable outcome.