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Karajarri

The determination:

The Federal Court recognised the native title rights of the Karajarri Traditional Owners in two consent determinations in 2002 and 2004.

Justice Tony North handed down a consent determination legally recognising the Karajarri people’s native title rights to 24 725 square kilometers on February 11, 2002.

Justice North approved the second Karajarri consent determination, on country at Bidyadanga on September 8, 2004. The determination covered 5000 square kilometers of mostly pastoral leases and reserves.

Kimberley Land Council Executive Director Wayne Bergmann said the Courts decision brought to an end almost 10 years of litigation and negotiations.

“I congratulate all parties for arriving at an agreed position, allowing native title rights to co-exist with other interests,’’ he said.

“The challenge for the future has now begun. We must look at securing real value from native title.’’

Latest information:

There are still outstanding post-determination matters in the Karajarri Native Title consent determination which was handed down in 2004. These include co-existence agreements between Traditional Owners and pastoralists as well as the State transfer of ALT lands to the Karajarri PBC and a joint management agreement with the Department of Environment and Conservation regarding Dragon Tree Soak.

Claim history:

The Karajarri people began seeking recognition of their native title rights in 1995. The original claim covered a small area of land on Shamrock Station and was in response to the then pastoralist’s proposal to fence off access to a very culturally significant area. The claim was later expanded. The final claim area stretches from the south Kimberley coastline into the Great Sandy Desert and includes pastoral leases, reserves and unallocated crown land.

The Karajarri people commenced mediation of their combined claim in August 2000. The combined claim incorporated the following claim applications – Karajarri #2 lodged in 1996, Karajarri #3 lodged in 1997 and the Nangkiriny claim lodged in 1999. It covered 31, 219 square kilometers of land, sea and water.

The Karajarri people, represented by the Kimberley land Council, negotiated with various groups with interests in the claim to reach an agreed outcome. Those groups included the Commonwealth Government, the State Government of Western Australia, local governments and the pearling, telecommunications, fishing and pastoral industries.

Negotiations regarding the remaining areas of the claim, including various reserves and pastoral leases – Shamrock Station, Nita Downs Station and a portion of Anna Plains Station – were postponed until after the High Court had made a decision on the Miriuwung Gajerrong case. The Miriuwung Gajerrong case clarified the legal status of native title on pastoral leases within Western Australia. It determined that native title could co-exist with pastoral leases.

This claim was determined in 2004 with the consent of all parties.

Native Title rights:

Under the consent determination, the parties agreed the Karajarri people have exclusive possession native title, giving them rights to:

• Live on the land;
• Make decisions about the use and enjoyment of land and waters;
• Control access and activities conducted by others on the land and waters;
• Hunt, gather and fish on the land and waters in accordance with their traditional laws and customs for personal, domestic, social, cultural, religious, spiritual, ceremonial and communal needs;
• Take and use the waters and other resources accessed in accordance with their traditional laws and customs for personal, domestic, social, cultural, religious, spiritual, ceremonial and communal needs; and
• Maintain and protect important places and areas of significance to the Karajarri people under their traditional laws and customs on the land and waters.