A tract of land twice the size of Singapore in Far North Queensland's Cape York has been formally recognized as native title land, marking a significant victory for Traditional Owners after decades of legal efforts. The Federal Court confirmed native title rights over 170,827 hectares in a decision that Western Yalanji elders stated will ensure their descendants always have a place on their ancestral country.
Chief Justice Debra Mortimer handed down the ruling in Cairns on Friday, acknowledging the lengthy wait for the determination. This decision is part of the Cape York United #1 claim, considered one of the largest native title claims in Australia. This week alone, native title recognition has spanned more than 388,712 hectares of Cape York, including this Western Yalanji determination and an Eastern Kuku Yalanji determination.
With this latest ruling, the Cape York United #1 claim is now 91 percent complete, with only a small portion of the peninsula remaining to be resolved. Chief Justice Mortimer apologized for the protracted process, stating, "You have waited a long time for these determinations and I thank you for your patience with the system of native title." She added, "What is happening today is that your property rights under your traditional law are being recognised, and they are rights against the whole world."
Western Yalanji Elder Cedric Gore expressed his feelings about the recognition, saying, "Now that we have Native Title recognition, we know that wherever we go, there will always be a place for us." He described the feeling of being on country as uplifting and expressed excitement for the celebration that follows this long-awaited outcome.
Richie Ah Mat, acting chief executive of the Cape York Land Council, stated that the determination recognizes the Western Yalanji people's sustained connection, rights, and responsibilities to their country under traditional laws and customs. He characterized the day as a tribute to the elders and family leaders who initiated the land rights campaign over 30 years ago, emphasizing the unique value of Yalanji country.
Clara Day, chair of the Cape York Land Council, noted that the decision fulfills a long-held aspiration of elders and family leaders who convened in 1990 to begin the process of securing the return and recognition of their lands. Their goal was to provide security, authority, and the opportunity for future generations to protect and build upon their country.
Elder Rose Snider highlighted the importance of returning to country with family and passing down traditional knowledge to younger generations, including skills for hunting, fishing, and sharing with neighbors.
The determination grants exclusive native title rights over certain areas and non-exclusive rights across the majority of the determination area. These non-exclusive rights permit activities such as accessing country, camping, hunting, fishing, gathering natural resources, protecting significant sites, and conducting ceremonies, coexisting with existing pastoral, mining, and other legal interests. The Western Yalanji Aboriginal Corporation RNTBC will serve as the prescribed body corporate, managing these native title rights and interests on behalf of the Western Yalanji people.
