Call for Commonwealth intervention to settle native title claim

8/4/04
The Western Australian Government has called on the Commonwealth to sign up to an historic agreement to settle a long running native title claim in the State's Kimberley region.
Speaking in State Parliament today, Deputy Premier Eric Ripper said the State Government and the Kimberley Land Council had reached substantial agreement on the 5,347sq.km Bardi Jawi application but the Commonwealth was yet to sign up.
Mr Ripper said the claim covered 1,037sq.km of land around Lombadina and One Arm Point in the shires of Broome and Derby/West Kimberley. The rest of the claim area was over the sea.
"The State Government wants to reach an out of court settlement of this matter at the earliest opportunity but we cannot do so without the agreement of the Commonwealth," he said.
The Deputy Premier said apart from the WA Government and the claimants, the parties to the claim included fishing and pearling licence holders over the sea areas of the claim.
The Commonwealth's interest stemmed from its joint jurisdiction with the State in the claim area seaward of the three nautical mile limit up to the 12 nautical mile limit, and its sole jurisdiction beyond the 12 nautical mile limit around Brue Reef.
Mr Ripper said the State Government believed the traditional owners had established a right of exclusive possession of the land, fishing rights up to the three nautical mile limit, the right to hunt turtle and dugong and the right for the traditional owners to take resources from Brue Reef.
"This is a chance to achieve an agreement which respects the rights of traditional owners and also protects the rights of those with fishing and pearling interests," he said.
"It would be a tragedy if the Commonwealth did not seize the opportunity. I have written to the Federal Attorney General urging him to reconsider the Commonwealth's position to avoid this matter being litigated through to a final determination by the Federal Court."
Deputy Premier's office: 9222 8788