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Tjurabalan

The determination:

Tjurabalan Traditional Owners celebrated the recognition of their native title rights in an on-country determination on August 20, 2001.

The Federal Court’s Justice Carr handed down the determination, which covers 26,000 square kilometers of land south of Halls Creek, at Paruku (Lake Gregory).

It was the first consent determination to be reached in the Kimberley.

The Tjurabalan claim is in the Tanami Desert region, in the far south east of the Kimberley and includes the Aboriginal communities of Ringer Soak, Bililuna, Mulan and several outstations. The community of Balgo is also included in the area but is not covered under native title, as it is on land owned by the Catholic Church.

The determination was a day of celebration for senior Tjurabalan Native Title holders including Ivy Robertson, who said her people had been waiting a long time to get their country back.

“We been asking Government all the time to look after that place for old people and for story and for bush tucker – long time asking Government to get land back,’’ she said.

“Now feeling good, feeling happy – first time for long time, now they giving this back. Waited long time and we are happy now that we got that land for children, for family. We are getting old now and our children can settle down and be happy on our land.’’

The Tjurabalan people also reached a landmark agreement which enables the Shire of Halls Creek to carry out road maintenance within the determination area while ensuring the cultural and heritage values are protected.

Tjurabalan elder Bessie Doonday said she had been waiting a long time for this day to come.

“I feel good now to get my land back from long time ago – we was battling,’’ she said.

“It’s hard for old people. But now we can live on our land and keep it for children and generations to come.’’

Claim history:

The Tjurabalan native title claim was lodged with the National Native Title Tribunal in 1995. The application soon progressed to mediation with the State Government of Western Australia, led by premier Richard Court, but this was initially unsuccessful. The mediation process was reignited as a resulted of a timely State election in which Geoff Gallop’s Labor Party came to power. This new Government worked with Traditional Owners to reach an agreed Native Title outcome in the form of a consent determination – the first of its kind in the Kimberley.

KLC Executive Director Wayne Bergmann said the native title application was destined for a Federal Court trial, had there not been a change of Government.

“Instead, Dr Gallop and his Government recognised that the Tjurabalan applicants were prepared to reach agreement on the basis that they were not being asked to give away any of their fundamental legal rights,’’ he said.

The Tjurabalan Native Title application is not actually within the boundaries of the KLC’s Native Title Representative Body area. However, the native title claim was taken on after the Tjurabalan people requested the KLC represent them.

The Tjurabalan people:

The Tjurabalan people are united by their shared system of law known as Jurapalan (Tingarri) which is intrinsically linked to the land and waters within the determination area. Jurapalan contains all the knowledge about country. This includes knowledge on resources, both economic and spiritual – and it is an area where people can gain an in-depth understanding of their country.

Senior Native Title holders say they are “ngura pina’’ for the country – meaning they can hear and understand the Tjurabalan country.