About 93.5% of the Kimberley is now recognised as native title lands following three federal court determinations this week, but traditional owners say the claim process has taken a big toll.
It’s the first time multiple determinations have been made on-country within a three-day period in the region, recognising more than 34,000 sq km of country as native title – an area bigger than Belgium.
More than a hundred people gathered at Moola Bulla station east of Halls Creek, for the Ngarrawanji native title determination on Tuesday.
Justice Debra Mortimer noted only two of the 11 original members of the claim group were still alive, and said the recognition should not have taken so long.
“Today we can walk away with a clear mind and a clear heart. We got here and we should all be very proud of that. All the old people and the spirits will be very proud to see us and our kids here today,” Ngarrawanji native title holder Greg Tait said.
At Warmun in the east Kimberley, the Malarngowem and Yurriyangem Taam native title claims were awarded on Thursday.
Malarngowem native title holder Jean Malay said there were mixed feelings about the determination.
“Many of our elders have passed and now that we are ready for this recognition we wish they were here with us,” Malay said.
Kimberley land council’s chief executive, Nolan Hunter, said native title gave people authority to make decisions about what happens on their land, but making claims should be “less onerous, traumatic and divisive for our people”.
“The native title process forces people to disclose deeply personal and sensitive information to prove their connection to country,” Hunter said.
“We are seeing that the process of native title is creating trauma in people’s lives, in addition to the trauma people have already experienced from being forcibly removed from their country.
“Many of our elders do not live to see the day that their native title is determined and for those native title claims still on foot, many of our old people are no longer here to provide first hand evidence.”
Since the Malarngowem claim was lodged two decades ago, eight of the 20 original applicants have died.
“The continued work and determination over many years to pursue and finalise this claim is to be admired,” Justice Katrina Banks-Smith said.
The Yurriyangem Taam application was filed in 2010 and covers an area of about 23,180 sq km.
Traditional owner Matt Dawson said the area included his ancestral country, called Kalkara.
“That is one of the main responsibilities for country – to look after it and protect it. This means protecting it from harm from outsiders, messing it up.
“It gets messed up if people don’t follow the law. If someone is on country that does not belong to it or know about that place, the country can also hurt that person because they are doing the wrong thing,” Dawson told the federal court.
“If someone gets hurt on my country then I am responsible for them doing the wrong thing.
“This is why being responsible for country is not small thing; it is a very serious responsibility,” he said.
