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Rubibi

The determination:

The Yawuru people were recognised as the rightful owners of their traditional lands in Broome and surrounding areas on April 28, 2006.

Justice Ronald Merkel handed down his on-country finding at Town Beach which recognised the Rubibi Native Title claimants as having exclusive possession rights to large parts of the claim, along with  non-exclusive rights on much of the remaining areas.

The claim covers 5,297 square kilometres of land pockets in and around the Broome township and includes the Roebuck Plains pastoral lease and the former Waterbank pastoral lease. Exclusive possession has been recognised across two-thirds of the claim area.

Kimberley Land Council Executive Director Wayne Bergmann welcomed the Courts finding, which followed a long and difficult process of negotiation and litigation.

“The Rubibi claimants have proven their connection to country, and their on-going cultural and spiritual beliefs. Today they are recognised as the original habitants and owners for this area,’’ he said.

“Their rights to country have been restored.”

Yawuru Traditional Owner Frank Sebastian praised his people for their determination in pursuing their native title rights.

“History hasn’t always been kind to Yawuru people. We had no say when our land, our home, was taken from us and we were pushed towards the edges. But we stayed strong and true to our culture. We can now take our rightful place in the Broome community,” he said.

 The State Government lodged an application for special leave to appeal to the High Court in relation to the Rubibi determination. The KLC lodged submissions in response to the State’s appeal.

Since the original determination there has been significant litigation through the appeals process, before the State Government of Western Australia withdrew its application for special leave to appeal to the High Court in August this year.

Latest information:

The Rubibi Native Title Claim has been finalised after the Federal Court handed down its final decision on the matter in favour of the Rubibi Native Title holders in August this year. The Full Federal Court dismissed the appeals of the State and the Walmun Yawuru.

The Federal Court recognised the Rubibi claim group as Native Title holders on April 28, 2006. The State Government of Western Australia filed an appeal in June 2006 which resulted in Rubibi applicants filing a defence and cross appeal on June 22, 2006. A cross appeal was filed by the Walmun Yawuru respondents, which the Court found to be a sub-group of the Yawuru people, on June 23, 2006.

The appeal was heard by the Full Court in March 2007 in Perth. The Full Federal Court dismissed the appeals of both the State Government of Western Australia and the Walmun Yawuru respondents in May 2008. The Court allowed significant aspects of the Rubibi cross appeal which included determination of a greater Native Title area than originally granted in the first instance. The State lodged an application for special leave to the High Court and the KLC in return lodged submissions in response to the State’s appeal. The State then withdrew its appeal in August this year.

Claim history:

The Rubibi combined claim is a result of a 1999 consolidation of eight separate claims covering the land and waters in the Broome area. The combined claim was registered with the National Native Title Tribunal in September 1999. The claim entered mediation but due to a lack of progress it was for trial by the Federal Court in 2002.

A separate claim over the Kunin law ground (Rubibi 6) was determined by the Federal Court in favour of Rubibi in May 2001.

The combined Rubibi application covers an area of some 5298.34 sq kms in the West Kimberley region of Western Australia.  The external boundaries stretch from Yardoogara (near Saddle Hill) in the south, to Waterbank in the north. It also includes the Broome township and two pastoral leases, Roebuck Plains and Thangoo.  It extends to the low tide water mark.

The application lodged sought the recognition of the following native title rights and interests, arising out of Yawuru traditional law and culture:

 There were 60 respondent parties to the claim include the State and Commonwealth Governments, fishing, pearling, and tourism interests, a pastoralist, telecommunications and mining interests, the Shire of Broome, the Bishop of Broome and an Aboriginal respondent party.

Federal Court Justice Merkel heard evidence for 48 days between May 2003 and October 2004 at various sites in and around the Broome township and other areas represented by the claim. A further 4 days of extinguishment argument was heard in Melbourne during April 2006.

During the hearings his Honour handed down 5 judgments –

 Rubibi Community –v- State of Western Australia [2002]FCA 876 – an application for joinder of respondents

Rubibi Community –v- State of Western Australia [2003]FCA 62 – granting of conditional leave for a non-legally qualified person to represent a party

Rubibi Community –v- State of Western Australia [2004]FCA 1019 – the date on which the non-extinguishment principle in ss 47, 47A and 47B is to be applied

Rubibi Community –v- State of Western Australia [2005]FCA 1025 –  the judgment on connection 

Rubibi Community –v- State of Western Australia (No 6) [2006]FCA 82 –  further judgment on connection

These judgements can be found on the Federal Court’s website at http://www.fedcourt.gov.au/searchjudgments.html

The Yawuru people:

The Rubibi group encompasses a community of approximately 2,500 people descended from the original inhabitants of the Broome area. The Traditional Owners of the Rubibi claim area are the Yawuru people.

Rubibi is the name of a soak at the foot of Kennedy Hill. This is one of many important places in the Rubibi claim area, and was chosen as the name by the Yawuru claimants in the Native Title process.


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