Native Title

The Kimberley Land Council is a Native Title Representative Body working with Traditional Owners to help them Get Back Country.

Native Title is a legal process governed by the Native Title Act 1993 and recognises in Australian Law that Aboriginal people have rights and interests in their land as demonstrated in traditional law, customs and connection to country.

The KLC is recognised by the Federal Government as the peak Native Title Representative Body for the Kimberley region and we have been working with Traditional Owners for more than 30 years to assist them in gaining recognition as the rightful owners of their traditional lands, so they can fully enjoy their native title rights and interests.

Native Title rights and interest may include the ability to live on the area, access specific places for traditional purposes, hunt, fish, gather food and water and to teach laws and customs.

Almost 50 per cent of the Kimberley has Native Title determinations. Some of these determinations have been hard won through the court system while others have been consent determinations with the State Government. The KLC has represented Traditional Owners to achieve successful claim determinations in Miriwung Gajerrong, Wanjina Wunggurr Willinggin, Tjurabalan, Ngurrara, Karajarri, Nookanbah, Yawuru (Rubibi) and Bardi Jawi.

There are a number of other claims registered with the National Native Title Tribunal. Many of these claims are closely related to the existing successful claims.

Ownership of country is the foundation for all other KLC activities. Native Title determinations can assist claim groups in applying to have an Indigenous Protected Area on part of their country, to ensure better conservation management and to protect significant environmental values.

Native Title determinations empower Aboriginal people to make decisions on their country which includes the ability to make decisions about development and whether to enter into agreements with industry.

Future Act provisions are part of the Native Title Act 1993 and give Aboriginal people certain rights to decide what activities happen on Native Title land, including third party development proposals. It also opens up opportunities for regional developments. Development proposals can include anything from services such as construction of roads and housing to resource proposals.