A decade-long dispute over two native title claims has come to an end with 7,800 square kilometers of Australia returned to First Nations traditional owners.
The Barada Kabalbara Yetimalara people have been awarded native title to two areas in central Queensland after the Federal Court of Australia handed down its verdict in recent days.
One parcel of land covers more than 7,512 square kilometers between Sarina and Rockhampton, while the second covers 294 square kilometers of land and water north of Rockhampton.
Indigenous property applications were first submitted in July 2013.
They are the first to affect the Isaac region, west of Mackay, in several years.
According to the Australian National University, “native title claims are typically made by those who are described in the application as descendants of one or more of those listed as ancestors.”
“These ancestors are commonly known as ‘apical ancestors,’ which simply means they are at the apex of the genealogical story.”
The people cited in this case were Barada Woman (wife of Johnny and Charlie Budby), Lucy and/or Jimmy Barber, Kitty aka Kitty Eaglehawk, Yatton Boney, Maggie (mother of Jack Mack and Gypsy Tyson) and King Boco, the mail reports.
The Barada Kabalbara Yetimalara people have been awarded native title to two areas in central Queensland after the Federal Court of Australia handed down its verdict.
One parcel of land covers more than 7,512 square kilometers between Sarina and Rockhampton, while the second (pictured) covers 294 square kilometers of land and water north of Rockhampton.
Documents submitted to the Federal Court indicated that the ancestors had “association within and near the claimed areas” around the “effective date of sovereignty” in 1865.
A document from November 1887 included writing from a person named JB Shannon who sold rations to Lucy, Sugar, Kitty and Boco for two shillings before they “dismissed the blacks.”
Evidence presented during the in-country hearings also provided information about the history of the Barada Kabalbara Yetimalara people with the land.
That evidence included testimonies of traditional knowledge passed down from generation to generation, such as warnings not to eat emus because they were ancestors.
The ruling of the Federal Court will grant the Barada Kabalbara Yetimarala People ‘the right to possess, occupy, use and enjoy the lands and waters of the application area(s) vis-à-vis the entire world, in accordance with the traditional laws and customs of the claimant group . ‘.
The National Native Title Tribunal states that native title allows the Barada Kabalbara people to travel through the areas, camp and erect temporary shelters, hunt, fish, gather and take natural resources for personal, domestic and non-commercial community purposes.
The Barada Kabalabara Yetimarala People will also be able to hold meetings, perform ceremonies, maintain places of importance, teach, live and be buried or bury native title holders on the land.
They can also ‘speak authoritatively about areas among other Aboriginal peoples in accordance with traditional laws and customs’, ‘make decisions about the use and enjoyment of areas by Aboriginal peoples who recognize themselves as governed by traditional laws and customs ‘. customs recognized and observed by native title holders”, as well as “conveying the cultural heritage of the native group claiming the title, including knowledge of particular sites”.
However, traditional laws and customs practiced under native title remain “subject to and exercisable in accordance with” the laws of the state and federal government.
Sam Dallachy and Ors, on behalf of the Barada Kabalbara Yetimara people, brought native title proceedings to the Federal Court in January 2019.
The case was heard at least 50 times and more than 120 documents reviewed, involving Judge Sarah Derrington, Judge Darryl Rangiah and Judge John Reeves, before a verdict was delivered in May.
Applicants throughout the case included Lalu Asela, Elizabeth Doyle, Juanita Mason, Skye Muller, Norman Ross, Deborah Santo, Vanessa Saunders, Michael Smith, Davina Tilberoo Snr, Claudine Walsh, Anthony Henry and Margaret Hornagold.
More than 30 respondents were named during matters including Central Highlands, Isaac Regional, Livingstone Shire, Rockhampton Regional and Woorabinda Aboriginal Shire councils.
A number of local mining and resources companies also participated, including Anglo Coal, Caml Resources, Foxleigh Coal, Nippon Steel Australia, Sumitomo Metal Australia, Orion Gold, Pan Investments and Peabody, with Telstra, Amplitel, Ergon and the Queensland government.
Queensland has received at least 400 native title applications since 1994 and the latest was lodged in January by the Djabugay Nation People.
Queensland has received at least 400 native title applications since 1994.
About 180 were granted first land cover in the Hope Vale Aboriginal Shire, north of Cooktown.
There are currently 39 active native title claims across Queensland. The latest application was submitted in January by the People of the Djabugay Nation for land south of Port Douglas to Cairns and west to Mareeba.
