Nganjuwarr Traditional Owners achieve native title recognition in East Kimberley

The Kimberley Land Council (KLC) welcomed yesterday’s Federal Court determination recognising the native title rights and interests of the Nganjuwarr Traditional Owners over approximately 960 square kilometres of Country in the East Kimberley.

The determination recognises exclusive possession native title across the entire determination area, the strongest form of native title recognised under Australian law.

The Nganjuwarr determination area extends generally west of the Dunham River and includes the Country on which the consent determination was held. The name "Nganjuwarr" refers to a Ngarrangarni, or Dreaming, snake that resides in the hills within the determination area.

The determination follows an agreement reached between the Nganjuwarr claim group, represented by the Kimberley Land Council, and the State of Western Australia about the recognition of native title in Country.

The process for recognition of native title was pursued by the Nganjuwarr Traditional Owners in accordance with their own cultural governance and decision-making processes, with the Kimberley Land Council providing legal, anthropological and community engagement support throughout the claim.

Nganjuwarr native title holder George Johnson said the determination was a proud and emotional milestone for his family and represented formal recognition of a connection to Country that had always existed.

“It’s a proud and emotional day for our family. This consent determination is more than a legal process, it is the recognition of something our people have always known. Our connection to Speewah has never been broken. Our ancestors walked this Country, cared for it, raised their families here, passed down their stories and knowledge that we carry today.

We acknowledge the strength of our old people and elders who have come before us, many of whom are no longer here to witness this today, but they are with us in spirit and we thank them for protecting our culture and connection to country in difficult times so that future generations can stand here today.”

Nganjuwarr native title holder Raphael Sampi said he felt proud and honoured to represent his family and ancestors

Nganjuwarr native title holder Raphael Sampi said he felt proud and honoured to represent his family and ancestors, describing the determination as the culmination of years of effort to have their native title recognised.

“I’d like to thank everyone that has been here with us today, it’s been a long time in the making, and today we finally make history with our native title determination finalised.

I am proud and honoured to be standing up here representing my family and my ancestors. Words cannot explain this feeling, I’m happy, excited, relieved all at once, we finally achieved our goal of getting Country back.”

KLC Deputy Chief Executive Officer Sarah Parriman said the determination was a significant milestone for the Nganjuwarr Traditional Owners and another important achievement in the ongoing recognition of native title across the Kimberley.

"The determination recognises something the Nganjuwarr Traditional Owners have always known, which is that their connection to Country has existed since time immemorial and continues today," Ms Parriman said.

"This outcome reflects the strength of the Nganjuwarr families, who have led this claim through their own cultural decision-making processes, with the Kimberley Land Council privileged to support them throughout that journey."

"With this determination, more than 97 per cent of the Kimberley is now covered by native title determinations. This is an extraordinary achievement that reflects decades of work by Traditional Owners, communities and the KLC. Every determination strengthens the recognition of Aboriginal people's rights, culture and enduring responsibility to care for Country."

The proceedings commenced with a smoking and water ceremony before the Federal Court formally recognised the native title rights and interests of the Nganjuwarr Traditional Owners on Country.

The Kimberley Land Council acknowledged the leadership of the Nganjuwarr Applicant members, Raphael Sampi, Phillip Speewah Jnr, Carol Juli, Lucilla Martin, Edward Muckarie, Jacqueline Gallagher, Ivan Morgan and Joseph Bedford, and thanked the wider native title group for their commitment throughout the claim process.

The KLC also acknowledged the Honourable Justice Longbottom, Judicial Registrar Morrison, and Federal Court staff, the State of Western Australia, including the Department of the Premier and Cabinet and the State Solicitor's Office, and everyone whose collaborative efforts helped achieve the consent determination.

Giliwinggin Aboriginal Corporation will hold native title on behalf of the Nganjuwarr native title holders.

ENDS