18 July 2024

Federal Court makes landmark Cape York native title ruling

| Lyndon Keane
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Olkola Traditional Owners and representatives celebrate the landmark native title determination in Cairns on 10 July. Photo: Supplied.

The Federal Court of Australia has recognised the native title rights of three Cape York Traditional Owner groups during a landmark determination in Cairns on 10-11 July.

Chief Justice Debra Mortimer was at the Cairns Convention Centre to preside over the ceremony to formally recognise the ruling, which determined 1,300,457 hectares for the Olkola group, 442, 858ha for the neighbouring Kunjen Olkol group, and 21,777ha for the Kowanyama peoples.

The determined areas are part of the Cape York United Number 1 Claim, which was authorised in 2014 and registered on 6 February this year with the objective of “resolving native title claims in a strategic and efficient way”.

The total determination area is 1,765,092ha, and includes the Olkola and Awal national parks, which serve as an important habitat for the endangered golden-shouldered parrot.

Federal Court of Australia Chief Justice Debra Mortimer speaks to the determination at the Cairns Convention Centre. Photo: Supplied.

Olkola Traditional Owner Rosemary Bulmer celebrated the ruling and said it represented the conclusion of a 35-year campaign.

“I’ve been fighting for my country ever since I was 18 with my parents,” she said.

“When they died, I lost motivation for Country but then one day, my uncle said come back and fight for Country and I realised that I carried the knowledge and values of my parents.

“A recognition means my people won’t be forgotten, especially our old people.

“I hope this will mean employment opportunities for our people and more funds to get Traditional Owners back to healthy Country and generally improve lifestyle.”

Kowanyama Traditional Owner Tania Major described the determination as a “vital step” towards local empowerment.

“The recognition of native title will transform my life by affirming my cultural identity, enhancing economic prospects, securing legal rights, and empowering my community to sustainably manage and preserve our heritage,” she explained.

“This recognition is a vital step towards a more just and equitable future for our people.”

Olkola Senior Elder and Traditional Owner Michael Ross said he believed the Federal Court decision would allow emerging generations to embrace and maintain traditional knowledge and customs.

“It will mostly change the lives of the young ones – they can walk on that country, freely, knowing that this is their home,” he said.

“They own something, and they don’t have to ask permission.

“The young ones can learn the laws and customs of the Olkola people, and the knowledge from the land.”

Since 2021, there have been 18 native title determinations, with a further 10 timetabled by the Federal Court to take place this year.

The remaining determinations for the Cape York United Number 1 Claim will take place in 2025.

Kowanyama Traditional Owners have described the Federal Court native title ruling as a “vital step” forward for self-determined prosperity. Photo: Supplied.

Original Article published by Lyndon Keane on Cape York Weekly.

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