Australia To Recognize Thudgari People’s Non Exclusive Native Title Rights

A native title claim from the Thudgari People over 11,280sq km of mainly pastoral country in the upper Gascoyne region of Western Australia has been determined at a Federal Court hearing at Ullawarra Station.

Today’s native title hearing, before Justice Michael Barker, has been held exactly 12 years since the application was lodged in 1997 and after two years of Tribunal-facilitated mediation.

Tribunal Member Daniel O’Dea, who facilitated mediation, said a consent determination was made to recognise the Thudgari People’s non-exclusive native title rights and interests over about 10,500sq km of land in the claimed area.

Their rights include access to the area to camp, erect structures, hold ceremonies, protect significant sites and take flora, fauna and fish.

The area includes part or all of 15 pastoral stations including Ullawarra Station, a cattle property leased by the Thudgari People through the Wurrkaja Aboriginal Corporation and managed by Charlie Lapthorne, one of the Thudgari applicants.

Native title cannot be recognised on the 1,000sq km Barlee Range Nature Reserve, at the north of the area, because this was extinguished when it was vested under the WA Land Act 1933 as a reserve in 1969.

Mr O’Dea said the native title mediation included development of 14 indigenous land use agreements (ILUAs) which were expected to be signed by the parties after the native title hearing.

“The ILUAs set out how the Thudgari People and pastoralists, from stations including Middalya, Williambury, Maroonah and Glen Florrie, will share the use of the land,” he said.

“Mediation to progress the consent determination and the ILUAs began in April 2007, after the Thudgari connection material was accepted by the WA Government, and since then there have been 12 mediation conferences.

“Previously there were overlaps between the Thudgari and Thalanyji application areas. Tribunal mediation resolved these, enabling the Thalanyji determination to go ahead in September 2008 and now the Thudgari determination 14 months later.”

Most of the 300-400 Thudgari people now live outside their land, mainly in Carnarvon. Mr O’Dea said the determination would enable them to continue their connection with land that had been significant for their families for generations.

Topics: Australia, Barlee Range Nature Reserve, fauna, fish, flora, Gascoyne, Governance, native title claim, society, Thudgari People, Ullawarra Station, WA Land Act 1933, Western Australia, Wurrkaja Aboriginal Corporation

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