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Noonkanbah

The determination:

Noonkanbah is the birth place of the KLC and comes after s symbolic fight for indigenous land rights. Traditional Owners rallied in 1979 at Noonkanbah to prevent a petroleum company drilling for oil in the area of a sacred site.

The unity, integrity and determination Aboriginal people showed in fighting for land rights formed the basis of the Kimberley Land Council. Those values are instilled in our organisation, what it has become today and in our vision: To Get Back Country, To Look After Country and Get Control of Our Futures.

The resolution of the Noonkanbah Native Title claim was a symbolic occasion. Justice Robert French of the High Court handed down his findings at an on-country hearing on April 27, 2007.

The Yungngora people’s native title claim covers the Noonkanbah pastoral lease, an area of 1811 square kilometers west of Fitzroy Crossing in the Kimberley.

The consent determination gave the Yungngora people exclusive possession native title with communal rights to possess, occupy, use and enjoy the land and waters covering the area of the pastoral lease and a portion of unallocated crown land. Some waters can be used for non-commercial communal purposes.

Non-exclusive communal rights were granted across two areas of crown land – a stock route and an aerodrome. This means native title holders can visit, camp, erect shelters and use fauna and flora and other natural resources from the land such as ochre, stones, soils, wood and resin, for non-commercial communal purposes and to protect significant sites.

Claim history:

The Noonkanbah native title application was lodged with the National Native Title Tribunal in March 1998 and the claim was accepted and registered in August 1999.

The National Native Title Tribunal commenced mediation on December 9, 1998 with an on-country meeting at Noonkanbah involving the claimants, the State Government of Western Australia and the Kimberley Land Council.  The Tribunal convened more than 40 mediation meetings including four at Noonkanbah.

Western Australia premier The Hon. Richard Court announced on December 27, 2000 that the State Government expected to resolve the Noonkanbah claim and endorsed a preliminary connection report, subject to further research.

The Noonkanbah claimants were represented by The Hon. Ernie Bridge and solicitors Dwyer Durack.

At a Federal Court directions hearing on June 23, 2004, Justice Robert French assessed the progress of mediation between the parties in a Federal Court directions hearing on June 23, 2004. Pleased with the progress that had been made, he agreed to reassess the matter again in February 2005.

The Noonkanbah applicants requested the support of the Kimberley Land Council for the Noonkanbah consent determination in December 2004. The Kimberley Land Council moved to support the consent determination and provide assistance to the claimants to bring the matter to completion as soon as possible.

A meeting on December 16, 2004 was held at Noonkanbah with the claim group, senior Aboriginal law men and the Kimberley Land Council. At that meeting the claim group members instructed their solicitors Dwyer Durack, to agree to the terms of the proposed consent determination.

Following this Deputy Premier Eric Ripper announced on December 22, 2004 the State Government would endorse an agreement recognising the Yungngora people as the Traditional Owners of the Noonkanbah native title claim.

In April 2005, the claimants and the Kimberley Land Council agreed to work cooperatively in order to finalise the native title application.

As a result, Justice French handed down the Noonkanbah native title determination on April 27, 2007.