The Wik and Wik Way People, who captured the nation’s attention with their High Court victory in 1996, expect to achieve another milestone today – native title recognition over 1,150sq km of their traditional land and waters on the west coast of Cape York Peninsula.
Today at Aurukun, 590km north-west of Cairns in Far North Queensland, Justice Andrew Greenwood of the Federal Court of Australia is expected to make a consent determination recognising the group’s non-exclusive rights over mostly leasehold land.
These include the right to access the determination area to camp, hunt, gather, fish, protect sacred sites, conduct ceremonies and erect structures to live in.
This will be the fourth consent determination the Wik and Wik Way People have achieved since they won the Wik case in the High Court which found, for the first time, that native title could exist on some types of pastoral leases.
Tribunal Member, Bob Faulkner, said the Wik and Wik Way People had taken a strategic approach to their pursuit of native title rights, which involved five stages.
“They have focused on consecutive parts of their traditional area and achieved native title recognition over 6,136sq km through a consent determination in October 2000, and recognition of another 17,700sq km through two consent determinations in October 2004,” he said. “These were the first native title determinations to be made over pastoral leases in Queensland.
“Today the Wik and Wik Way People have taken another step towards their goal, with only one native title claim remaining.”
The Wik and Wik Way People negotiated with parties to their claim – the Queensland Government, Cook Shire Council, Aurukun Shire Council, Rio Tinto, Ports Corporation of Queensland and a commercial fishing company – to achieve this outcome. They also developed two indigenous land use agreements (ILUA) – one with the Cook Shire Council and another with Rio Tinto – to sort out the practicalities of carrying out their native title rights in the area.
“The continued success of the Wik and Wik Way People should encourage other native title claimants to persevere with negotiations.
"After changing native title law with their High Court win in 1996 they have chosen to pursue their native title rights through negotiation and cooperation. As a result they have not only achieved their goals but developed solid relationships with parties along the way, that stand to benefit the community into the future,” Mr Faulkner said.
