Cape York traditional owner groups win back rights over land under joint Native Title claim

An area bigger than the size of East Timor has been returned to traditional owner groups in FNQ, ending an eight-year battle for rights over culturally significant land. FIND OUT MORE.

FOUR traditional owner groups have won back more than 1.5m hectares of land in Cape York under a joint Native Title claim.

The joint determination, recognised under the massive Cape York United Number One claim, confers cultural rights to the Northern Kaantju, Southern Kaantju, Ayapathu and Lama Lama peoples of central Cape York, whose lands exist around the townships of Coen and Musgrave.

The determination ceremony, held across two days, was jointly organised by the Cape York Land Council and Federal Court of Australia at the Tjapukai Aboriginal Cultural Park and is a chance for the traditional owner groups to celebrate the end of an eight-year-long process.

Southern Kaantju woman Janet Ansell said she was overjoyed by this decision.

Her family has spent almost a century trying to find information about her grandfather, Billy Nicholls, a Southern Kaantju man who was taken during the era of the stolen generations.

A spelling error in official records denied them information about Mr Nicholls until a decade ago when they discovered the error and confirmed them their connection to traditional lands.

“My grandfather was a light-horseman who fought over in Beersheba, but we never knew him,” she said.

“We always thought we came from Yarrabah. My sister, who has passed on now, was the one who went up to Coen and was recognised as the granddaughter of Billy Nicholls.

“I feel recognised. We know now that we belong somewhere and that means a lot to us. I wish the old people were here to see this.”

Up to 93 per cent of the respective groups’ determination areas is to be recognised as exclusive Native Title.

This means customary rights and interests possessed under traditional laws and customs confer possession, occupation use and enjoyment of the land and waters “against all others”, although this land is still subject to the current laws of Australia.

The traditional owner groups also now have non-exclusive rights to protect places, areas and things of traditional significance on their lands, as well as access to the resources of the traditional lands and waters that aren’t owned by the Commonwealth of Australia.

Northern Kaantju woman and traditional owner Joanne Nelson said this decision means her people could use the land to connect their younger generations with traditional customs and culture.

She said this decision concluded a hard journey, but means a lot to her and her family.

“I feel really relieved. It’s been a long eight years and I lost a lot of family along the way. It’s a big day for Northern Kaantju,” she said.

“Our ancestors would all be smiling down on today.”

Minister Aboriginal and Torres Strait Islander Partnerships Craig Crawford said this was one step in a really big road map.

“It’s a bittersweet moment for [the traditional owner groups] because over 200 years ago white fellas came through here and did explicable things and changed the course of history forever,” he said.

“We’re only beginning to re-right the wrong. There’s a lot of work now that’s got to go ahead. Having Native Title determination is one thing, what to do with it is another.

“We’re committed as a government to work with traditional owners now … about how they can mange that land. There’s a range of opportunities out there.”

If and when the Cape York United Number One claim is full determined, it will cover an area of Cape York almost twice the size of Tasmania.

Originally published as Cape York traditional owner groups win back rights over land under joint Native Title claim