|
A fourteen year battle for recognition of ancient land and sea rights swept away at white settlement ended in victory today when the Kuuku Ya’u - known as the Pama Malnkana or Sandbeach People - won Native Title to their traditional lands on far north eastern Cape York.
In a historic sitting of the Federal Court of Australia on a remote beach at Portland Roads, 850 kms north of Cairns, Justice Greenwood of the Federal Court recognized the Kuuku Ya’u claim, first lodged in July 1995, to “posses”, occupy, use and enjoy” 1,980 sq kms of land and waters on the Cape to the north of Lockhart River.
The determination grants the Kuuku Ya’u exclusive native title rights to posses, occupy, use and enjoy over 10 sq km of the claimed land area, and non-exclusive rights over approximately 1,970 sq km of the sea. It also grants them non-exclusive rights over other areas such as part of Forbes Islands National Park, Quoin Island National Park and Piper Islands National Park.
Kuuku Ya’u elder Mrs Lucy Hobson, who has been involved since the 1995 claim, welcomed the ruling which she said recognizes her people’s deep and ancient bond with the local land and sea.
“This really makes all Kuuku Ya’u feel proud. It’s a dream come true for my people, but a dream that’s been a long time coming. We’ve been fighting for a long, long time for recognition that our country is not just the land, but the sea. We live with the sea, we’re the Sandbeach People.”
She said the complex cycle of co-existence the Kuuku Ya’u have developed over forty thousand years with their maritime environment has made them deeply aware of environmental issues only now surfacing in the white community.
“It’s important that the determination recognizes our rights inside a Marine National Park. We’ve got nine young people who’ve trained as Marine Park rangers, but all Kuuku Ya’u are trained from birth to live with and respect the sea.”
They get trained every day of their lives, fishing and collecting food from the sea. Their elders train them how to live with the sea, to take enough for their families but not too much. They learn how to read the seasons, how to maintain fish stocks, when the turtles are mating, when they lay eggs. We learn how to look after all this from when we are small.”
A 12 hr 4WD drive north of Cairns, the Kuuku Ya’us title area includes land around the township of Portland Roads, Rocky Island, Sandy Islet, Pigeon Island, Quoin Island National Park, Piper Islands National Park, part of Forbes Islands National Park, and surrounding seas.
An original 1995 claim over “the seas, reefs, islands and resources” from Olive River in the north, out to the Great Barrier Reef and south to Nyllichii Point was extended in April 1997 to include parts of Restoration and Forbes islands and in November 1999, rolled into a single claim before the Federal Court.
Requiring the consent of State and Federal governments, Australian Maritime Safety Authority, Cook Shire Council, Lockhart River Aboriginal Shire Council and Fishing license holders, the claim was successfully negotiated by the National Native Title Tribunal.
Three indigenous land use agreements (ILUAs) grew out of the claim: with the State Government, the Great Barrier Reef Marine Park Authority and Cook Shire Council, which has agreed to improve service delivery to the locals.
|
