Waanyi Claim
The CLCAC assisted the Waanyi People to pursue a claim for native title over their traditional land and waters. The claim was filed in 1999 and culminated in a final positive determination on 9 December 2010 (Aplin on behalf of the Waanyi Peoples v State of Queensland (No 3) [2010] FCA 1515). The determination covers 1,730,081 hectares in the Southern Gulf of Carpentaria, making it the largest single determination in Queensland history.
The determination, which was made by Justice Dowsett of the Federal Court sitting at the MMG (Century) mine site, recognised the native title rights and interests of the Waanyi Peoples in the determination area, including exclusive possession over the Bidunggu Land Trust area and non-exclusive possession over a number of pastoral properties, reserves and Boodjamulla (Lawn Hill) National Park.
At the determination hearing, Waanyi representative Eunice O'Keefe commented:
"This has been a long, hard struggle for us. It is important for us to acknowledge those Waanyi people who have passed away during this long fight. They are with us in spirit today. This fight would not have been possible without the knowledge, wisdom and courage of our elders, past and present. We will never forget their sacrifice. While we celebrate our native title recognition today we also hope that this will be the start of a better future for all Waanyi People".
Gangalidda and Garawa Claim
CLCAC has assisted the Gangalidda and Garawa Peoples to obtain positive determinations of native title over parts of their two claims.
By consent, a determination was made on 23 June 2010 (QC04/05 and QC95/03; Gangalidda and Garawa People v State of Queensland [2010] FCA 646) recognising the Gangalidda and Garawa Peoples' native title rights over 5,810 sq km of land and waters, including exclusive native title rights over an Aboriginal Land Trust area and Aboriginal owned pastoral leases.
Wellesley Island’s Sea Claim
CLCAC assisted the four Applicant groups in the Wellesley Island Sea Claim to obtain a determination of native title in Lardil Peoples v State of Queensland [2004] FCA 298. The determination recognises non-exclusive rights to land and waters, such as rights of access for the purposes allowed under traditional laws and customs and the right to fish, hunt and gather living and plant resources.
CLCAC also assisted the Lardil, Yangkaal, Gangalidda and Kaiadilt Peoples to lodge and pursue a second native title claim over the Wellesley Islands. This claim led to a consent determination on 9 December 2008:Lardil, Yangkaal, Gangalidda and Kaiadilt Peoples v State of Queensland [2008] FCA 1855. The determination recognises exclusive possession over most of the area claimed and covers 127,400 ha, including outstations, subleases and freehold under the Aboriginal Land Act 1991 (Qld).
Together, these two native title claims are a significant victory for the Lardil, Yangkaal, Gangalidda and Kaiadilt Peoples, and are a testament to the strength and perseverance of these groups in fighting for the recognition of their native title rights.
Collectively, these native title determinations represent the expression of a deliberate native title claim strategy initiated by the CLCAC in 1996. They represent a significant victory for the traditional owners of the Gulf and serve as a testament to the strength and perseverance of these groups in fighting for the recognition of their native title rights.
Much of the remaining land in the Gulf is subject to native title claims lodged with the assistance of the CLCAC. We are currently assisting the Gangalidda and Garawa Peoples to pursue the remainder of their claim and assisting the Gkuthaarn, Kukatj and Kurtijar Peoples with native title claims in the Normanton/Karumba area. CLCAC has also helped establish three prescribed bodies corporate to hold and manage native title right and interests on behalf of the Lardil, Yangkaal, Kaiadilt, Gangalidda and Waanyi native title holders.