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Widjabul Wia-bal Native Title claim recognised in Federal Court at GSAC

The Lismore App

Simon Mumford

19 December 2022, 5:25 AM

Widjabul Wia-bal Native Title claim recognised in Federal Court at GSAC

In a historic announcement today, Justice Steven Rares of the Federal Court of Australia recognised the Widjabul Wia-bal Native Title claim to a full house at the Goonellabah Sports and Aquatic Centre.



The announcement was met with a standing ovation and cheers as Justice Rares concluded his legal summary of the consent determination.



The Native Title claim was first filed on the 24th of June 2013 and registered on the 28th of August 2013. The native title determination area is bounded by Bagotville, Tuckean Nature Reserve and Tucki Tucki to the south; Bungabee State Forest and Cawongla to the west; Nightcap National Park in the north and Wollongbar and Alstonville in the east so involved six local councils, that is Lismore, Ballina, Byron, Richmond Valley, Kygole and Tweed Shire Council.



(Justice Rares being presented with an Uncle Gilbert original representing Widjabul Wia-bal land. Justice Rares saying the artwork will hang in the Federal court)


As part of the settlement, the Federal Court of Australia today recognised that the Widjabul Wia-bal hold native title over approximately 11,700 hectares around the Lismore area. The Widjabul Wia-bal sought a determination of their native title rights and interests over 1,559 km2 of lands and waters around Lismore.

 

The process has been a collaborative approach between the NSW State Government and the Widjabul Wia-bal people represented by elders.



Attorney General Mark Speakman said the Federal Court consent determination marked an important moment for the Widjabul Wia-bal people of the Bundjalung Nation, who have cared for the land and waters for thousands of years.

 

Mr Speakman appeared in court in his capacity as NSW’s first law officer, with counsel, to provide oral submissions on behalf of the State. 

 

(Mr Speakman addressing the court today)


“Today we recognise what the Widjabul Wia-bal have always known - this is Widjabul Wia-bal land,” Mr Speakman said.

 

“The Widjabul Wia-bal and the NSW Government have worked together to deliver the Widjabul Wia-bal’s vision for greater land management opportunities, economic prosperity and employment opportunities, and a framework for strong, collaborative relationships into the future.”


 

This was acknowledged by Tracy King, the daughter of Lily King and Robert Moran, during her speech when she said to a member of the NSW State Government, "Daniel, I thank you for our banter, our laughter and our stern looks across the table." which drew laughter from the crowd. "Loved it," Katie King added.


As part of the settlement of the native title claim, the NSW Government has also provided capacity building support to the Widjabul Wia-bal and has entered into an Indigenous Land Use Agreement (ILUA) with the Widjabul Wia-bal.

 

The settlement also includes an agreement to disregard historical extinguishment of native title in national parks within the claim area, paving the way for the future recognition of native title over an additional 2,600 hectares of national parks.



Following the legal proceedings, there were some emotional speeches made to a very happy crowd at GSAC.


Queenie, who performed the Welcome to Country with Uncle Reg acknowledged the young people who sang and performed a dance ceremony before proceedings began. "They done us proud, Queenie said.



Nicole Roberts acknowledged her father who was one of the driving forces of native title claims from the early days. "He would be very proud to have finally got to this point to finally be recognised as traditional owners of this beautiful country." Nicole's father passed away in May this year.


Katie King said, "This determination is a big step in building partnerships and developing cultural protocols and connections throughout the Widjabul Wia-bal landscape with the broader community. It is a positive step to working together and achieving our common goals for everyone."


While Shirley Roach said, "I want to acknowledge that we have all formed new relationships with each other and with non-indigenous Widjabul Wia-bal people. With the relationships have come new changes to care for our country and to teach our Widjabul Wia-bal ways and culture."


Mickey Ryan said:


Do not forget who you are, and your cultural obligations.

Share, don't be greedy.

Be peaceful, don't make confilct.

Respect with a love for all.

Look after and protect with all our strength the Sacred Site, Totems and Places.


It is anticipated that the Widjabul Wia-bal ILUA (Indigenous Land Use Agreement) will be registered by the National Native Title Tribunal in 2023. When the ILUA is registered, it will be the 18th ILUA registered in NSW in the last six years, with more than 60% of all ILUAs in NSW having been registered over this period.

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