The Pilbara’s firs Native Title determination has been finalised by the Federal Court.
The Pilbara’s first Native Title determination has been finalised by the Federal Court.
It recognises that the Ngaluma Injibandi people will retain traditional connection to their land, which covers nearly 25,000 square kilometres, including the Burrup Peninsular.
The Ngaluma Injibandi people first lodged their claim for title in 1994.
Since then, however, they have had the right to negotiate over development of the Burrup.
They were one of three local Indigenous groups to sign an agreement over the peninsula, which was mediated by the tribunal two years ago, and cleared the way the development of new industrial projects.
The other two groups are Wong-Goo-Tt-Oo and the Yaburara Mardudhunera peoples.
Other parties to that agreement were the State Government and four industrial companies – Liquigas, Methanex, Japan DME and Dampier Nitrogen – all which had tight timeframes for obtaining land tenure.
As part of the agreement the Indigenous groups will oversee implementation of a benefits package that includes: protection of Aboriginal heritage on the Burrup; employment and training opportunities; a share of the housing development established to support the industrial estate; and co-management of the non-industrial Burrup land.
In return they agreed to relinquish their Native Title claims over areas proposed for development of the peninsula and nearby Maitland Industrial Estate.
In July 2002 the groups agreed with the State Government to a multi-million dollar package in compensation for the relinquishing of Native Title rights over the proposed industrial estate areas.
That agreement included:
• transfer of title to more than 60 per cent of the Burrup Peninsula to the Native Title claimants, which will be leased back to the State Government and jointly managed by the Native Title claimants and the Department of Conservation and Land Management;
• $500,000 for the development of a management plan for the reserve; $2.25 million over five years for the management of the reserve; and $8 million over five years for the construction of buildings and infrastructure, including a visitors’ centre and roads and tracks;
• $200,000 over three years for the establishment and running of an employment service provider to facilitate employment and training opportunities for the Roebourne Aboriginal Community;
• $75,000 over two years to the Native Title groups’ body corporate to provide education assistance to the Roebourne Aboriginal Community; and
• preservation of some rock art on the industrial estates by prohibiting ground-disturbing activities in certain areas and consideration being given to seeking World Heritage listing of rock art galleries.
In March 2002, Burrup Fertilisers concluded separate agreements with the Wong-Goo-Tt-Oo and the Ngaluma/Injibandi peoples that involved the relinquishment of their Native Title over 72 hectares of land on the peninsula, the site of the world’s largest Aboriginal rock art gallery.
National Native Title Tribunal member for the Pilbara, Dan O’Dea, has welcomed the determination.
He said it provided certainty to the Native Title holders and other groups in the region who had rights and interests in the area.
“While the Ngaluma/Injibandi people have waited more than 10 years to have their Native Title rights recognised, they have formed important relationships with government and industry which will go a long way to protecting their now-established rights into the future,” Mr O’Dea said.
It was found that the Ngaluma/Injibandi held non-exclusive Native Title rights over parts of their claim area.
The rights relate to access to some areas, the right to conduct rituals and ceremonies, the right to hunt, fish, forage, collect bush tucker, bush medicine, ochre, flora, fauna and water.
The Native Title holders also have the right to protect and care for sites and objects.
Discussion and debate over the future of the Burrup Peninsula were triggered when the State Government publicised its intention to compulsorily acquire Native Title in relation to the proposed Burrup and Maitland Industrial Estates through public notices on January 26 2000.
