Aboriginal Law Bulletin
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The National Native Title Tribunal has accepted native title claims from five Aboriginal groups to land and waters in Qld, WA, the NT, Vic and NSW. The claims include the largest so far accepted by the Tribunal and relate to around 30 000 square kilometres of land, lakes, rivers and ocean.
The Wik peoples of north Qld have claimed native title rights to 25 460 square kms of land and 1 928 square kms of water on the western side of Cape York, south of Weipa. The Wik have claimed the rights to possess, occupy, use and enjoy the land, waters and resources in the area. The application states that some non-Wik peoples may also have native title rights to areas along the boundary of the claimed area. The Wik peoples have also lodged an application for compensation for any impairment or extinguishment of native title over the area.
The local Aboriginal peoples of the Barron Falls/Kuranda region near Cairns, have lodged an application for native title rights to the Barron Falls National Park. The native title rights claimed include the right to occupy, use, enjoy and determine the future of land, waters and forests subject to the claim.
In the East Kimberley region, the Miriuwung and Gajerrong peoples have claimed native title rights to land and water in and around Kununurra, Wyndham, Cambridge Gulf and Turkey Creek. The claim also includes an area of land in the Keep River National Park across the border in the Northern Territory. The Miriuwung and Gajerrong peoples have claimed the right to possess, occupy, use and enjoy what they say is their traditional homeland in accordance with their traditional customs, laws and practices.
The Yawuru people have claimed native title rights to water and land in and around Roebuck Bay near Broome. They claim the right to possess, occupy, use and enjoy the area.
The Yorta Yorta people have claimed native title rights to more than 113 000 ha of land and water in the vicinity of the Owens, Goulburn and Murray Rivers in Victoria and NSW. The Yorta Yorta claim the right to use, occupy, inhabit and possess the area and the natural resources within it. This includes the right from time to time to prevent others from doing these things.
The Tribunal has also accepted an application for determination of native title from Singleton Council in central NSW for a 1.5 ha area of crown land containing an unopened section of a two-lane rural road.
As at 30 May 1994, the Tribunal had received a total of 21 applications for determination of native title of which 17 applications have been accepted and four are under assessment.
The Federal Minister for Aboriginal and Torres Strait Islander Affairs, Robert Tickner, announced on 23 June that pursuant to s12 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) he had issued a further extension, for a period of three months, to the declaration over the Strehlow collection of significant Aboriginal objects being held by the South Australian Government. The previous three month extension had expired, and Tickner stated:
At this time constructive negotiations over the collection continue to be facilitated by an appointed mediator, Mr Elliot Johnston, QC.
The negotiations are between all parties, including the Strehlows, the Central Land Council, the Strehlow Research Centre and the Northern Territory and South Australian Governments.
Future AboriginalLB Updates will endeavour to cover other declarations under the Heritage Protection Act.
The Aboriginal and Torres Strait Islander Higher Education Network have decided to establish a Pre-law program. The course will initially be run in Jan/Feb 1995 through the Aboriginal Education Program at UNSW. Network members nominated Anne Martin as Deputy Chair and Stephan Schnierer as Chairperson and together they will establish a working party for the organisation of the course. Anyone interested in taking part, formally or informally, in the setting up of the Pre-Law Program should contact:
Anne Martin on (02) 385 3805, or
Carolyn Penfold on (02) 385 2841.
Dr Paul Torzillo, Paul Pholeros and Stephan Rainow have researched health conditions among Aboriginal and Torres Strait Islander peoples for the past eight years. Their research, along with assistance by ATSIC, has produced the above book.
A major conclusion of Housing for Health is that the conditions of peoples' housing and related infrastructure services are critical for determining health. The study highlights that the ongoing maintenance of water, washing and waste disposal facilities is fundamental to sustaining a healthy living environment.
All proceeds from the book will be donated to Nganampa Health Council for use on Environmental Health and Design Projects.
Copies can be ordered from:
HEALTHABITAT
PO Box 495
Newport Beach
NSW 2106
Ph. (02) 973 1316.
Under the conduct of the Sessional Committee on Use and Abuse of Alcohol by the Community, the Inquiry into the Operation and Effect of Part VIII "Restricted Areas" of the Liquor Act (Report No.4, December 1993) pertains to communities in the Northern Territory that may have restrictions on access to and use of alcohol.
The Report finds, among other things, that restricted areas legislation is still for many communities an effective means of controlling the impact of alcohol abuse.
For copies of the Report or other information, contact the Committee Secretariat on (089) 461411.
Contrary to our note in the April AboriginalLB that the Aboriginal Law Bulletin Index and Tables for Volume 2 would be available to purchasers from about mid-May 1994, our Index is still in the process of being finalised and printed. All orders (and cheques) are being held and we will endeavour to get the Indexes to you ASAP. New orders are also being accepted.
Cost is $7.50, or $10 to include Index and Tables for Volume 1.
Please send your details to the AboriginalLB, along with a cheque for the required amount, as per the address shown at the bottom of this page.
The London based Alliance for the Rights of Indigenous People is running a film festival at the Institute of Contemporary Arts in London in October 1994.
The aim of the festival is to educate and inform people about indigenous peoples and the issues that concern them. It does not matter what format the films are - video or film - and the ideal length should be 60 minutes or less (more may require editing).
Technical quality is not a prime consideration. What is important is that it has been made by or for the indigenous people themselves. There are plenty of films about indigenous peoples made by outsiders putting their own perspective, but far fewer controlled by the subjects themselves. Often these videos are only made for local campaign use, so this film festival aims to publicise the films on a broader scale.
Please send any information you have - either about films that you know exist, or indigenous peoples’ films that you rate as being suitable - to:
Elisabeth Lettmann,
55 Junction St
Oxford OX26DJ, UK.
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URL: http://www.austlii.edu.au/au/journals/AboriginalLawB/1994/36.html