Native title settled on historic site

22/12/04
After almost a quarter of a century, Aboriginal people will have the final say over what happens on the famous Noonkanbah station in the West Kimberley.
Deputy Premier Eric Ripper today announced State Cabinet had endorsed an agreement that recognised the Noonkanbah people as the traditional owners of their 1,811sq.km native title claim.
Mr Ripper said Noonkanbah made front-page news in April, 1980, when Aboriginal people from all over Australia rallied to prevent a petroleum company from drilling in the area of a sacred site.
Despite their efforts, the drilling was only postponed. It went ahead one year later, with the full support of the government of Sir Charles Court.
The protest, which predated both Mabo and Wik, became a national symbol in the struggle for the recognition of land rights.
The Deputy Premier hailed the agreement as a major step forward in resolving native title issues by agreement.
"We can waste many years and millions of dollars fighting about these issues in court, or sit down and reach a practical agreement that respects the rights and interests of all concerned," he said.
"Our policy has been to reach agreements so that everyone has the certainty they need to get on with their lives and businesses."
Mr Ripper said the Noonkanbah incident was a low point in the State's history.
"We cannot change the past, but we can work towards a future in which the Noonkanbah people and other indigenous Western Australians play a bigger role in the economic, social and cultural life of our State," he said.
The Noonkanbah native title application was filed in the Federal Court in 1998.
In September 2001, the State Government handed back more than 260ha of the Noonkanbah pastoral lease (land that had been held by the State under the Aboriginal Lands Trust) and approved the terms of a draft consent determination over the remainder of the Noonkanbah native title claim application.
"Today, final agreement has been reached recognising exclusive possession over the pastoral lease and a portion of unallocated crown land, and non-exclusive possession rights over two reserves," Mr Ripper said.
Where exclusive possession exists, the Noonkanbah people have the right to possess, occupy, use and enjoy the land and waters to the exclusion of all others. They also have non-exclusive rights to take the flowing and subterranean waters.
Where non-exclusive possession exists, the Noonkanbah people have the right to enter and remain on the land and waters, camp and erect temporary shelters, take flora and fauna from the land and waters, take other natural resources such as ochre, stones, solis wood and resin, take the waters including flowing and subterranean waters, engage in ritual and ceremony and care for, maintain and protect sites and areas of significance.
Major parties to the claim included the State Government, the Kimberley Land Council, the Shire of Derby and a small mining company.
Mr Ripper said the State and the Kimberley Land Council would make immediate application to the Federal Court for the agreement to be ratified.
Deputy Premier's office: 9222 8788