Talking Western Australia, December 2007

In this issue:

• From the State Manager
• Progress with ILUAs in WA
• ONT Workshop
• News in brief
• Contacts in the WA Registry

From the State Manager

It has been a busy year for the WA Registry and the National Native Title Tribunal.

As part of the Australian Government’s practical reforms to deliver native title outcomes, the Native Title Amendment Act 2007 and Native Title Amendment (Technical Amendments) Act 2007 came into effect in April and July, respectively, this year. This has meant implementing changes to practices, procedures, information materials and reporting requirements.

The Native Title Amendment Act also meant applying, or re-applying, the registration test to a number of claimant applications. This year, 24 native title determination applications in Western Australia have been registration tested, with a further 10 applications needing to have the registration test applied by April 2008. (As at 14 December 2007.)

In Western Australia, there have been five consent determinations of native title — Eastern Guruma, Noonkanbah, Ngarla and Ngarla #2 (determination area A), Ngururrpa and Ngurrara — and the WA Registry has continued to receive a high number of applications for future act consent determinations and requests for assistance with future act processes.

The long-awaited Wongatha decision had significant implications in the native title arena. Former Wongatha claimants from the Goldfields region have been regrouping to prepare new native title determination applications, and Justice Lindgren’s decision meant that many claimant groups who were previously represented by the Goldfields Land and Sea Council (GLSC) now lie in the Central Desert Native Title Service’s (CDNTS) area.

The WA Registry continued to provide information sessions and targeted workshops to meet the needs of stakeholders. We provided a two-day workshop on indigenous land use agreements to the Department of Planning and Infrastructure and an information session on native title for the Department of Indigenous Affairs.

In May, legal officer Lisa Wright and case manager Marion Towndrow conducted a legal workshop for the Kimberley Land Council and met with some local representatives of government agencies. More recently, Lisa and future act case manager Sara Burke conducted some intensive future act training for native title representative body staff.

Progress with ILUAs in WA

While Western Australia only has a total of nine registered indigenous land use agreements (ILUAs), there has been more interest in ILUAs around the state indicated by the requests for information from stakeholders, and the registration of two major pastoral ILUAs this year.

Eastern Guruma Pastoral ILUA

On 1 March 2007, in the first native title claim settled by consent in the mineral-rich central Pilbara, the Eastern Guruma People secured their native title rights over about 6,000sq km of land.

They lodged their native title claim on 21 October 1997 and the application was referred to the Tribunal for mediation on 5 July 2000.

Following the native title determination, an indigenous land use agreement (ILUA) that deals with the pastoral lease Coolawanyah Station was filed with the Tribunal. This agreement was registered on the Register of Indigenous Land Use Agreements on 21 November 2007.

Tribunal Member John Catlin, who facilitated negotiations, said the Eastern Guruma People took a cooperative approach to all discussions.

“The group’s readiness to find solutions was a key factor in mediation. In 2004 the Eastern Guruma People were the first WA native title claim group to enter into a comprehensive ILUA with a major mining company,” he said.

The first ILUA negotiated for the area between Hamersley Iron Pty Ltd and the Eastern Guruma People was registered with the Tribunal on 5 March 2004. That agreement has allowed for future development and the parties will soon go ahead with an additional part of the agreement, to be signed later this month.

The Wintawari Guruma Aboriginal Corporation has been created to protect and manage the native title, in accordance with the wishes of the traditional owners.

Ngarla Pastoral ILUA

John Bettini De Grey station leaseholder signing the ILUA over the pastoral property after the Ngarla native title determination on 30 may 2007.

On 30 May 2007 the Ngarla People were recognised by the Federal Court as the native title holders of about 4,655 sq km of land east of Port Hedland. An indigenous land use agreement negotiated between the traditional owners and the lessees of the two pastoral leases, De Grey and Pardoo, was also signed on the day.

The claim was mediated by Tribunal Member Daniel O’Dea. A major milestone in mediation occurred in June 2006 when the De Grey and Pardoo pastoralists gave their support for the grant of a consent determination on the basis of an in-principle agreement they reached with the applicants, in the form of an ILUA.

The traditional owners and the two pastoral leaseholders negotiated a Body Corporate ILUA which was submitted to the Tribunal and subsequently registered on 21 November 2007.

The ILUA provides a practical guide for the traditional owners and the pastoralists on how to exercise their rights and obligations on the land and how they will cooperate with each other in the future. The agreement gives a basis for strengthening the relationship between pastoralists and the traditional owners, and gives everyone security about how their respective interests interact on the ground.

The lawyer representing the pastoralists, John Steenhof of Cornerstone Legal, said "This is one of the first ILUAs between pastoralists and native title holders in Western Australia, so it is a significant achievement for all the parties involved.”

“Full credit for achieving this ILUA really must go to the pastoralists and the Ngarla People, who took a pragmatic and constructive approach to discussions at meetings on country and actively participated in the process,” he said.

ONT Workshop

Jim Rhodes with consultant anthropologist James Weiner.



Ruth Wade addressing the crowd.

Developments in native title case law and associated anthropological issues were two of many topics discussed at a recent two-day workshop in Perth.

Convened by the Office of Native Title, the workshop provided native title representative bodies, anthropologists, historians, lawyers and respondent parties with a forum to discuss connection materials and the Government of Western Australia’s requirements, as set out in the Guidelines for the Provision of Information in Support of Applications for a Determination of Native Title.

Representatives from the Australian, Northern Territory, South Australia and New South Wales governments also attended the workshop to share their perspective’s on connection for native title.

During the first day, discussions focused on recent case law, developments in native title over the sea and islands, as well as the role of respondent parties.

Presenters from the WA Fishing Industry Council, the Pastoralists and Graziers Association and the Australian Government Attorney-General's Department, spoke to the audience outlining their requirements in relation to connection material.

The second day, targeted specifically towards native title representative bodies, anthropologists and legal representatives, addressed the connection process from preparation to assessment, and the involvement of the state government in the process.

The workshop highlighted the need for a closer relationship between anthropologists and lawyers in the preparation of connection material, the importance of addressing connection to the sea and islands separately for claims that involve land and sea and the impact of recent case law decisions on the preparation of connection material.

For more information, contact Debbie Fletcher, Director of Research at the Office of Native Title on (08) 9222 9613.

News in brief

The Ngurrara People were recognised as native title holders over 76,000 sq kms of land in the southern Kimberley region on 9 November. Federal Court Justice John Gilmore handed down the consent determination in Pirnini, near the Kurlku community south of Fitzroy Crossing. Tribunal Member Daniel O’Dea mediated the claim, which was lodged 11 years ago. For more information, please read the media release.

The Tribunal has sent letters to native title claimants and their representative to let them know about some of the changes to the Native Title Act which affect the way the Tribunal will be treating claimant applications. An information sheet outlining the key changes was also sent for general information. If you would like information about the changes, please contact Tom Weaver (Geraldton, Pilbara and Kimberley regions) or Steve Edwards (South West, Goldfields and Central Desert regions) on freecall 1800 640 501.

Did you know?

• There are currently 308 indigenous land use agreements (ILUAs) on the Tribunal’s national register, which cover about 11 per cent of Australia (as at 5 December 2007).
• Western Australia has the largest area covered by native title determinations in Australia, with about 28 per cent of the state having determinations of native title.
• Western Australia’s nine ILUAs cover more than 237,000 sq km of land, which is comparable to the land covered by the 166 Queensland agreements.

Contacts in the WA Registry

Level 11, East Point Plaza
233 Adelaide Terrace
Perth WA 6000
GPO Box 9973 Perth WA 6848

Tel: (08) 9268 9700
Fax: (08) 9221 7158

Freecall: 1800 640 501