Yorta Yorta High Court finding a devastating blow

13/12/02
Deputy Premier Eric Ripper today urged the National Native Title Tribunal to actively assist native title claimants to work out their prospects of successfully establishing native title rights.
Speaking after the High Court decision in the Victorian Yorta Yorta claim, Mr Ripper said it was a tragic reality that many Western Australian claims, particularly in the South-West, were unlikely to meet the legal definition of native title.
The High Court yesterday confirmed earlier decisions of the Federal Court that the Yorta Yorta had not been able to meet the elements of proof necessary to establish their native title claim.
Mr Ripper said that in some parts of WA, the history of dispossession meant it would be very difficult for indigenous people to gain a positive finding of native title.
"I am saddened by the High Court's decision," he said.
"It adds insult to injury that the most dispossessed have the lowest probability of coming up with sufficient evidence to establish their native title rights.
"The WA Government recognises that, despite the High Court decision, the underlying issue for many indigenous people remains a desire to gain land justice, and to have a proper role in the management of land and heritage matters.
"This Government is committed to pursuing other options to meet these aspirations, including joint management of national parks, land transfers, and heritage management."
Mr Ripper said it was difficult to progress discussions about delivering alternative outcomes if native title applicants were being unrealistically led to believe that they had prospects of achieving a determination of native title.
"There is enough case law, and enough experience, for organisations operating in the native title system such as the National Native Title Tribunal to give native title claimants an honest opinion about their chances," he said.
"There are other practical options available to native title applicants to achieve recognition of their traditional ownership of country."
Mr Ripper said the State Government's preference was for mediated settlement of native title issues - either through a determination of native title by consent, or by the negotiation of outcomes outside the native title process.
Deputy Premier's Office: 9222 8788