Video

View more videos

Bardi & Jawi

Claim status:

Determined.

Justice Robert French of the Federal Court of Australia recognised the existence of Native Title over a large area of the Bardi and Jawi claim on November 30, 2005.
The finding was handed down in an on-country formal sitting of the court at Middle Beach near One Arm Point on the Dampier Peninsula.
The Bardi and Jawi claim covers a land area of 1037 square kilometers and an area of sea to the three nautical mile limit. It also includes a culturally significant site that straddles the three nautical mile boundary in the north west of the claim area along with Julinaburr/Bruce Reef which is 12 nautical miles to the north of the Dampier Peninsula.
The Court recognised the Bardi and Jawi people have full native title rights evident in exclusive possession over most of the mainland and down to the median high water mark. This includes the right to control access to those areas.
The court also found the Bardi and Jawi people had the right to hunt, gather, visit and take resources from the inter-tidal zone, between the high and low tide marks,  along with some reefs and surrounding waters.
However, the Court found that Native Title does not exist over sea country, reefs and a number of islands including Sunday Island and Jacksons Island.
The KLC lodged an appeal to the claim in 2006 in relation to native title rights on sea country.
Claim History:
The claim was first lodged with the National Native Title Tribunal in September 1995 with the claimants comprising a group of the Bardi and Jawi people, who share a single, distinctive body of law and customs based on common belief systems.
The trial commenced in May 2001 and final submissions were originally scheduled for February 2003. However, following significant High Court decisions in 2003 which altered the law considerably through the Ward and Yorta Yorta cases, the Bardi and Jawi people sought to reopen their case and lead additional evidence.
This had never been done before so the Bardi and Jawi people, in seeking to re-open a case in light of developing jurisprudence became a test case in Native Title. But following this application the trial Judge, Mr Justice Bryan Beaumont, became ill and was forced to retire from the case. He was replaced by Mr Justice Robert French who accepted the application to lead further evidence which was subsequently heard in 2003, before the case was concluded with final submissions in March 2004.
Several mediation sessions were held throughout the course of proceedings, before the Bardi and Jawi people, the West Australian Government and the WA Fishing Industry Council agreed to the terms of a consent determination.  The Commonwealth Government did not agree to the terms.

Justice Robert French of the Federal Court of Australia recognised the existence of Native Title over a large area of the Bardi and Jawi claim on November 30, 2005.

The finding was handed down in an on-country formal sitting of the court at Middle Beach near One Arm Point on the Dampier Peninsula.

The Bardi and Jawi claim covers a land area of 1037 square kilometers and an area of sea to the three nautical mile limit. It also includes a culturally significant site that straddles the three nautical mile boundary in the north west of the claim area along with Julinaburr/Bruce Reef which is 12 nautical miles to the north of the Dampier Peninsula.

The Court recognised the Bardi and Jawi people have full native title rights evident in exclusive possession over most of the mainland and down to the median high water mark. This includes the right to control access to those areas.

The court also found the Bardi and Jawi people had the right to hunt, gather, visit and take resources from the inter-tidal zone, between the high and low tide marks, along with some reefs and surrounding waters.

However, the Court found that Native Title does not exist over sea country, reefs and a number of islands including Sunday Island and Jacksons Island.

The KLC lodged an appeal to the claim in 2006 in relation to native title rights on sea country.

Claim History:

The claim was first lodged with the National Native Title Tribunal in September 1995 with the claimants comprising a group of the Bardi and Jawi people, who share a single, distinctive body of law and customs based on common belief systems.

The trial commenced in May 2001 and final submissions were originally scheduled for February 2003. However, following significant High Court decisions in 2003 which altered the law considerably through the Ward and Yorta Yorta cases, the Bardi and Jawi people sought to reopen their case and lead additional evidence.

This had never been done before so the Bardi and Jawi people, in seeking to re-open a case in light of developing jurisprudence became a test case in Native Title. But following this application the trial Judge, Mr Justice Bryan Beaumont, became ill and was forced to retire from the case. He was replaced by Mr Justice Robert French who accepted the application to lead further evidence which was subsequently heard in 2003, before the case was concluded with final submissions in March 2004.

Several mediation sessions were held throughout the course of proceedings, before the Bardi and Jawi people, the West Australian Government and the WA Fishing Industry Council agreed to the terms of a consent determination. The Commonwealth Government did not agree to the terms.

The Bardi and Jawi people were then forced to argue in court that they have a continuing traditional connection to country since 1829 and that this connection to country gives them certain rights and interests in relation to the claim area.

The court accepted some of the evidence in relation to the Bardi and Jawi claim area and handed down its finding on November 30, 2005.


Bookmark and Share


Related News

View more news