Wilcox found that Native Title continues to exist within an area in and around Perth; this is part of a larger Single Noongar Claim.
Political rhetoric around the Noongar decision suggests inconsistency with the earlier Yorta Yorta judgement. However, a number of experts have stated the Noongar decision was consistent with the same principle of continuing connection to the land as Yorta Yorta. The barrister who represented the Noongar claimants also ran the case for the State in the YY case. It is reasonable to assume that he knew the detail of the YY judgement before arguing the Noongar claim.
On the day of the Noongar judgement the Minister for Native Title was slamming the decision before his lawyers had a chance to read it. He showed little dignity and no respect for Noongar people.
But,the Premier acknowledged the Noongar people as the land's traditional owners with the Attorney General saying "The West Australian Government is not appealing the decision ...in order to overturn native title." Then the Government lodged its appeal; the State claims the decision upholding native title over Perth should be overturned because Noongar claimants have failed to prove they lived as a single society at the time of white settlement. It also argues that claimants have not maintained a system of traditional laws and customs.
The Premier says he has always known Noongars as the traditional people of the South West and yet the appeal is designed to kill off their Native Title rights. The Government is not being honest with Noongar people and the wider non Noongar community. The appeal is fundamentally arguing against Noongar identity. It seems that the only acceptable outcome is a judgment that goes against Aboriginal interests.
This was an historic opportunity for the Government to recast its relationship with Noongar people. It required strong and visionary political leadership. The Government has made a commitment to negotiate with the Noongar people while the appeal proceeds. We can only hope that a positive conclusion can be found that treats Noongar people with the dignity and respect they deserve.

people....

i just had a few thoughts and comments i wanted to throw out there.
first, the cost to taxpayers thing. perhaps it will cost alot and perhaps it won't... some people mite think that money used to further native title cases is a waste, but then half the things that the gov spends taxpayers money on are things many people don't agree with... get over it! besides, my people pay taxes too. you could also consider the amount of money lost to my people through stolen wages and the fact that many of aust's industries (such as cattle, etc...) would not be what they are today without the slave labour of indigenous australians, then i'd say we're due sum $$ to persue native title.

mickijo says that perhaps land shoud be granted to descendents of colonisers to even things out. but isn't that whats already happened?? the descendents of colonisers have been granted all our land... so the fact that we are trying to balance possesion out through native title claims shoud be supported by mickijo (indigenous people served in defence forces in times of war also by the way).

i could go on and on but i couldn't be bothered... i would like to add however, that i think the system we have to go though to prove native title is not that fair. the gov has set down the criteria that we have to meet to prove continued conection to land etc... in what other court do the perpertrators of a crime set the rules that the victims must then follow to prove a wrong doing?? great system that is. also indig cultures, like all cultures, are dynamic and evolve through time. why then is native title granted only when it can be proven that a people's culture has remained largly unchanged through colonisation? not very fair.... especially considering the forced movement of peoples off their land and the out-lawing of their cultural practices... not very fair at all.

but anyway, thats what i was thinking at the time.... looking forward to future discussions.
speak your mind...

So Graham, you say that an appeal will impose on the Noongar people, expensive and protracted court cases.

Who pays the expenses, Graham?

And if the Noongar people win the appeal, what are the benefits for those people? Do they intend retaining the title over the area for cultural and spiritual purposes?

Most ordinary Australians are unfamiliar with the complexities of native title, therefore, I believe you have a responsbility to respond to the above questions.