Government welcomes Bardi Jawi native title decision

10/06/05
Deputy Premier Eric Ripper has welcomed today's Federal Court decision recognising the native title rights and interests of the Bardi Jawi native title claimant group over 5,347 square kilometres of land and sea in the State's Kimberley region.
However, Mr Ripper said it was disappointing that the determination had to be made by the Federal Court, particularly as the State Government and the Kimberley Land Council had negotiated a strikingly similar agreement over the claim in February last year.
"Consistent with today's Federal Court ruling, that agreement recognised the Bardi Jawi native title claimant group as the native title holders, exclusive possession native title over the land portion of the claim and non-exclusive rights up to the three nautical mile limit," he said.
"We could not finalise our agreement, however, because we did not have the support of the Federal Government.
"Canberra took what I believe to have been an excessively technical view in this matter and the claim made its way into the court."
The Federal Government has joint jurisdiction with the State in the claim area seaward of the three nautical mile limit up to the 12 nautical mile limit, and sole jurisdiction beyond the 12 nautical mile limit around Brue Reef.
"There is no doubt that a negotiated outcome would have been speedier and would have created more certainty," Mr Ripper said.
"This Federal Court decision may be only the first step in the litigation process. Any aggrieved party may now appeal the decision, and could potentially take the matter as far as the High Court.
"If this were to happen the claim may not be finally resolved for years, and that would not be in anyone's interests."
The Bardi Jawi claim covers 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 is over the sea.
Parties include the State Government, the claimants, the Kimberley Land Council, and fishing and pearling license holders over the sea areas of the claim.
Deputy Premier's office: 9222 8788