No Decision on Noongar Native Title
Today (23. 4. 08) the full bench of the Federal Court upheld an appeal by the West Australian and federal governments against the granting of native title over Perth.
But the court did not rule that native title no longer existed over Perth, opting instead to refer the question back to a Federal Court judge for another hearing.
This ruling shows how difficult it is for Aboriginal people to prove their continuing connection to country.
The Federal Court assumed that in 1829 the laws and customs governing land throughout the claim area were those of a single community.
However, it held that the 2006 decision failed to consider two matters that claimants were required to establish in order for their application to succeed.
The first being whether there has been continuous acknowledgment and observance of the traditional laws and customs by the single Noongar society from sovereignty until now.
The second being whether claimants have a connection with the Perth Metropolitan area.
The Court therefore set aside the 2006 decision and has remitted it for future determination.
This decision puts the Noongar’s native title aspirations back to square one.
The Premier along with other Cabinet Ministers publicly acknowledges that Noongar people are the traditional owners and custodians of the land Perth sits on and the South West.
This decision provides an opportunity for Premier Carpenter to show some leadership by engaging with Noongar people and negotiating a just settlement. This would be an important step forward in the reconciliation process.
I also hope that the WA Government conducts itself with dignity and acts respectfully toward the Noongar people.
