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Wanjina Wunggurr Wilinggin

The determination:

The Federal Court formally recognised the Wanjina Wunggurr Wilinggin people as the rightful owners of their traditional lands in a native title determination on August 27, 2004.

The Wanjina Wunggurr Wilinggin claim covers 60,150 square kilometres of land – an area about the size of Tasmania. The Gibb River Road is the main access route to the claim area which is located in the central northern Kimberley.

The claim is comprised of primarily Aboriginal and non-Aboriginal pastoral leases, vacant crown land and Aboriginal and public purpose reserves. It is one of the largest native title claims to have gone before a court for determination, and includes significant Wanjina and Gwion Gwion rock art sites.

The Wanjina Wunggurr Wilinggin claimants demonstrated a continuing traditional connection to the area which pre-dates sovereignty.  Their belief that this connection underpins their rights and interests to the area was recognised when Justice Sundberg handed down the Court’s determination.

Kimberley Land Council Executive Director Wayne Bergmann said the Federal Court’s decision to grant native title highlighted the cultural strength of Wanjina Wunggurr Wilinggin people.

“This recognition is a great outcome for the Wanjina Wunggurr Wilinggin Traditional Owners and the KLC.  The Court clearly accepted that these people make up a united cultural bloc,” he said.

“This decision brings justice, dignity, and respect to Aboriginal Traditional Owners of this country.  The Wanjina Wunggurr Wilinggin people can now go forward, and begin to address the challenges in protecting their heritage and rebuilding their well-being.’’

Claim history:

The claim was a consolidation of two claims, the first of which was lodged with the National Native Title Tribunal in 1995. The second claim was filed in the Federal Court in 1999. The trial commenced in May 2001, and final submissions were presented to conclude the case in February 2003.

Several mediation sessions were held throughout the course of the proceedings, but the parties’ positions could not be reconciled. The case was then pursued through litigation, in which the Federal Court handed down its final decision on the matter in favour of the Wanjina Wunggurr Wilinggin Traditional Owners.

The claimants:

The claimant group was comprised of Traditional Owners from the Willingin claim area as well as Traditional Owners from the neighbouring Dambimangari and Uungguu claims. This cultural bloc shares a distinctive body of law and customs based on the belief systems of the Wanjina and Wunggurr. The Wanjina and Gwion rock paintings throughout the region are a part of this system, which governs the relationships of people to country and to each other. The Wanjina paintings are said to be the ancestors of the living claimants.

Native Title rights:

The claimants argued that they have a continuing traditional connection to the claim area since sovereignty, and that this connection gives rise to rights and interests in relation to the claim area.

In areas where native title has not been extinguished, the rights claimed are the right to possess, occupy, use and enjoy the land and waters as against the whole world.

In areas where native title has been partially extinguished (for example by pastoral or mining leases), the rights claimed include the right to:

• Live on the land, camp, erect shelters and move about the land and waters;
• Engage in cultural activities on the land and waters;
• Hunt and fish the land and waters;
• Prevent the disclosure of traditional laws and customs;
• Possession and control of access to rock art, including the Wanjina or Gwion images; and
• Acknowledgment as the owners of the land and waters in accordance with traditional laws and customs.