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Title triumph as heritage land is returned

By Padraic Murphy

10 December 2007 - More than a century after being marched off their land and on to missions by successive waves of pastoralists and cane farmers, the Kuku Yalanji people of the Daintree rainforest yesterday had almost 1300sqkm of World Heritage-listed land returned.

Almost a quarter of the land is reserved for their exclusive use, in the largest Aboriginal freehold transfer in Queensland's history.

Exactly 14 years and two days after the Kuku Yalanji lodged their native title claim, their native title rights were recognised at a sitting of the Federal Court attended by more than 500 people on a cricket field surrounded by dense rainforest at Cape Tribulation, north of Cairns.

Eileen Walker, a traditional elder and one of the original applicants on the native title claim, yesterday rejected reports the transfer would restrict non-Kuku Yalanji from visiting the World Heritage rainforest, which runs from Cooktown in the north to Port Douglas in the south.

"We want to develop the land and encourage more tourists to come on to the land and honour our ways," Ms Walker said. "We want to have the land used to provide a a future."

The determination triggered 15 separate land use agreements that clarified the position of the non-indigenous towns in the region.

One member of the Cape York Land Council said: "Today's decision isn't about restricting access. If anything, it formalises the town land which until today may have been contested."

Federal Court judge James Allsop said the determination righted more than a century of wrongs committed in the wake of European settlers in the area.

"Difficulties to the Yalanji came from the influx of selectors, pastoralists and cane growers," Justice Allsop said. "The intrusion of these Europeans caused deep resentment and violence. This led to government policies to manage hostilities such as providing rations and the development of residential camps.

"By the mid-1880s, missions such as Blomfield and Mossman developed and reserves dominated and restricted Aboriginal movement. Forced relocation of families continued well into the modern era, touching members of the claim group.

"(But) Yalanji law and custom survived, underpinning the continued connection the people have with country. Despite 130 years of settlement, the eastern Kuku Yalanji people have maintained both a physical and spiritual connection to their land."

Land covered in the ruling will be managed by the Jabalbina Yalanji Aboriginal Corporation, which is run by six directors, two of whom are Yalanji people who were displaced and now live inTownsville and Palm Island.

Elder Hazel Douglas said: "We thought it was important to include them to let them have a say in how the land is managed. We want all Yalanji to come back to their land if they want to."

Queensland Minister for Natural Resources and Environment Craig Wallace said the determination was one of the most significant in the state's history.

"This native title determination only ranks behind three Wik determinations on western Cape York in size," Mr Wallace said.

Under the agreement, Kuku Yalanji will play a greater role in the management of national parks and state forest.

Source: The Australian

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