Historic Federal Court sitting determines native land title for Lismore’s Widjabul Wia-bal traditional owners

A court has today handed down a monumental decision on the native title claim of Lismore’s Widjabul Wia-bal traditional owners. Here's the latest.

Justice Steven Rares was presented with a traditional artwork by Aunty Lois Johnson painted by Gilbert Laurie. Justice Rares told the assembly the artwork would be displayed in a prominent spot at the Federal Court.

A historic Federal Court sitting in Goonellabah has today recognised the native title claim of the Widjabul Wia-bal traditional owners over about 11,700 hectares in the Lismore area.

The sitting was held on Widjabul Wia-bal land in the stadium at Goonellabah Sports and Aquatic Centre (GSAC).

The converted gym hall echoed with thunderous applause as Justice Steven Rares handed down his decision, which was a decade in the making. Traditional owners first made a claim back in 2013.

Widjabul Wia-bal elder Uncle Mickey Ryan thanked past elders for their sacrifices on the journey towards the achievement.

“Without them we wouldn’t be here to see this historic day,” he said.

Bundjalung Elder Uncle Mickey Ryan was asked to brief Lismore City Council on why the date of Australia Day should be changed.

“They are the ones who made the sacrifices. They are the ones who faced the brunt of the invasions,” he said in an emotional address to the assembly.

“They suffered the slaughter and theft of their lands, the stolen children, the displacement, the discrimination, injustices and the disrespect of our ancient cultures.

“They are our inner strength, our guides and our courageous warriors. They survived the genocide.”

The determination recognises non-exclusive native title rights and interests for the Widjabul Wia-bal, allowing them to access and use the land and water for traditional purposes like camping, or to conduct ceremonies and spiritual activities.

Justice Steven Rares was presented with a traditional artwork by Aunty Lois Johnson (painted by Gilbert Laurie). Justice Rares told the assembly the artwork would be displayed in a prominent spot at the Federal Court.

The decision also recognises Widjabul Wia-bal rights to hunt, fish and take natural resources and water, and teach law and custom on traditional country.

“To my people, this day is about our children and our grandchildren,” Aunty Queeny Speeding said during the Welcome to Country ceremony.

“This day is about our future together forever as Widjabul Wia-bal people.”

Attorney-General Mark Speakman said the Federal Court determination marked an important moment for the Widjabul Wia-bal of the Bundjalung Nation, who have cared for the land and waters for thousands of years.

Gilbert Laurie, cultural custodian and proud member of the Yaegl and Widjibal tribes of the Bundjalung, performed the smoking ceremony and welcomed the Federal Court onto Widjabul Wia-bal land.

“Today we recognise what the Widjabul Wia-bal have always know – this is Widjabul Wia-bal land,” Mr Speakman said.

As part of the settlement, the Widjabul Wia-bal and the NSW Government have entered into an Indigenous Land Use Agreement.

The settlement also includes an agreement to disregard historical extinguishment of native title parks within the claim area, paving the way for the future recognition of native title over an additional 2600 hectares of national parks.

The native title determination area is bound by Bagotville, Tuckean Nature Reserve and Tucki Tucki to the south; Bungabee State Forest and Cawongla to the west; Nightcap National Park to the North and Wollongbar and Alstonville in the east.

The land in the Native Title Act determination.

The Widjabul Wia-bal ILUA will likely be registered by the National Native Title Tribunal in 2023 – making it the 18th ILUA registered in NSW in the last six years.

Of all ILUA’s in NSW, 60 per cent have been registered in the last six years.