Largest-ever native title settlement reached

23/12/04
The Western Australian Government today announced the largest native title settlement in nation's history had been reached involving 188,000sq.km of the State's central desert region.
Deputy Premier Eric Ripper and the Ngaanyatjarra Council will today finalise the agreement for the simultaneous settlement of six applications over an area more than twice the size of Ireland.
State Cabinet approved the settlement this week.
The announcement follows this week's resolution of the long-running Noonkanbah claim in the Kimberley and brings to 13 the number of native title claims settled by agreement since the Gallop Government came to office, compared with two during the eight years of the Court Government.
Mr Ripper said the agreement represented a major milestone in the Government's aim of settling native title by agreement instead of costly and time-consuming legal action.
The agreement protected the rights and interests of all parties, including the State and local governments, the traditional owners, and miners and explorers. It provided legal certainty and clarity about land access issues.
The Deputy Premier said the State Government and the Ngaanyatjarra Council would make a joint application to the Federal Court for the agreement to be formally ratified early next year.
The claim stretches from the Gibson Desert Nature Reserve to the South Australian border.
The agreement recognises that native title is held by communities that form a broad Western Desert cultural bloc. The communities share similar social organisation, culture, ritual and language.
It recognises exclusive possession native title over most of the claim area, including special leases, reserves held in trust for the use and benefit of Aboriginal people and unallocated crown land. Non-exclusive possession native title is recognised over the Warburton Range Stock Route.
Where exclusive possession exists, the native title holders have the right to possess, occupy, use and enjoy the land to the exclusion of all others, together with the right to take flowing and subterranean water for personal, domestic and non-commercial communal purposes.
Where non-exclusive possession exists, the native title holders have the right to enter and remain, to take flora and fauna, to take water for personal, domestic or non-commercial communal purposes, to take other natural resources such as ochre, stones, soils, wood and resin and the right to care for, maintain and protect sites and areas of significance.
Excluded from the claim were areas where native title had been extinguished. These included the Gibson Desert Nature Reserve, the Giles Weather Station and a number of other public works.
Mr Ripper said the settlement allowed mining and exploration in the region to continue but ensured the traditional owners were properly consulted.
The Deputy Premier paid tribute to the Ngaanyatjarra people and the land council for their determination to reach a settlement.
"Establishing native title rights under European law is a complex and gruelling task, and the Ngaanyatjarra people and their representatives have moved heaven and earth to reach their objective," he said.
Mr Ripper said the Ngaanyatjarra Lands native title claim overlapped six existing applications - Gibson Desert, Tingarri Tjina, Tjirrkarli Kanpa, Warburton-Mantamaru, Irrunytju Papulankutja and Baker Lake - as well as an area called Watalya.
Once the Federal Court determination was made, the underlying applications would be withdrawn.
Major parties to the agreement included the State and Commonwealth Governments, the Shire of Laverton, Western Mining Corporation (WMC), Telstra and Air Services Australia.
A number of side agreements have also been negotiated that will ensure continuing public access to major roads, such as the Great Central Road.
A fact sheet and map follow.
Deputy Premier's Office - 9222 8788

FACT SHEET - AGREEMENT NOT ARGUMENT (NATIVE TITLE)
The Gallop Government is committed to settling native title issues by agreement wherever possible. This ensures the rights of all parties - including indigenous people, miners and pastoralists - are protected.
Background
There were more than 130 outstanding native title applications when the Government came to office, and only two had been settled in the eight years of the Court Government. The former Government's preference for litigation against native title claimants cost taxpayers' millions and created legal uncertainty. The Miriuwung-Gajerrong court case alone cost all parties collectively at least $10million. In 1995 the Court Government's State native title legislation was thrown out by the High Court (seven to nil) for breaching the Commonwealth Racial Discrimination Act. The Court Government settled only two native title claims by agreement in eight years.
SETTLING CLAIMS BY AGREEMENT
In the Gallop Government's first four years, 13 native title applications have been settled by agreement, including one that is more than twice the size of Ireland.
The State and native title claimants have reached agreement in the Bardi Jawi application on the Dampier Peninsula, however the Commonwealth Government has refused to approve it.
Settled claims 2001-2004

* awaiting ratification by the Federal Court
# comprises Gibson Desert, Tingarri Tjina, Tjirrikarli Kanpa, Warburton, Irruntyju Papulankutja, and Baker Lake claims.
DEVELOPMENT AGREEMENTS
The Burrup development agreement (January 2003), which clears native title issues on the Burrup and Maitland industrial estates and residential and light industrial land in Karratha, is recognised as one of the most complex and comprehensive development agreements ever achieved in Australia.
In Broome (October 2004), the Government successfully negotiated with the Rubibi native title claimants to achieve the release of land for residential development.
In the East Kimberley, the Government has signed a Memorandum of Understanding (November 2004) with the Miruwung-Gajerrong people. It proposes an agreement to resolve native title and heritage issues over 65,000ha of land around Kununurra and Lake Argyle so land can be released for development.
MINING AND EXPLORATION
In 2001, the Government established the Technical Taskforce on Mineral and Land Titles. As a result of its recommendations major changes have been made to speed up the processing of mining and exploration applications on land where native title might exist.
The State provided $2.7million for additional officers to assist in processing mining and exploration applications. Seven of the 11 positions were allocated to land councils.
Agreements have been reached between explorers, native title claimants and the Government for the fast tracking of exploration and prospecting licences in the Pilbara, Mid-West, Central Desert, Goldfields and South-West Regions, where about 92 per cent of exploration and prospecting applications are made.
The Government has also amended the Mining Act 1978 to streamline the processing of mining lease applications.
KEY QUOTE:
'The words used by Eric Ripper to me in 2001 were that the Government wished to 'achieve an environment where native title agreements are the norm rather than the exception'. I believe that this aspiration has been realised and I congratulate the Deputy Premier, his Government and officers on their achievements.'
Former Rio Tinto Vice President Paul Wand, November 25, 2004

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