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Wongatha fail in WA goldfields claim

5 February 2007 - Two thousand Aborigines were disappointed when their native title claims over Goldfields land were dismissed on technical grounds by the Federal Court.

Justice Kevin Lindgren dismissed eight overlapping claims, led by the Wongatha claim, that covered 160,000 square kilometres of spinifex country or mulga land used for grazing and mining in the West Australian Goldfields.

In Kalgoorlie, Justice Lindgren ruled that the eight groups did not all have a similar cultural attachment to all the land, although they recognised each other's claim to a "my country area".

"This raises the question whether it is permissible for groups to be formed and to bring group claims in respect of a group area in this way," Justice Lindgren said.

"In my view it is not, because the group, the group rights and interests, and the group area, are not rooted in traditional (pre-sovereignty) laws and customs."

However, Justice Lindgren left the door open for future claims in a different form, saying he believed some native title did exist, although it would probably be limited to individuals or a smaller group.

Goldfields Land and Sea Council Executive Director Brian Wyatt rejected the decision, which he described as surprising.

"After five years in the court the decision is a big disappointment, given the unambiguous prior ownership of the country by Aboriginal people and the strength of their evidence of unbroken connection to the lands," Mr Wyatt said.

"The idea, which comes from a reading of the judgment, that larger group claims are somehow lesser claims is very puzzling.

"However, it is noted that the judge was not prepared to make a finding that there was no native title over the area claimed."

Mr Wyatt called for governments to get serious about negotiation of native title and take the process out of the courts.

Justice Lindgren said he believed there was an "unsatisfactory state of affairs" in the native title area.
There could appear to be unequal treatment of different groups of claimants because each native title claim depended on its own facts and history, he said.

"Some native title cases are strongly contested, while others are not," he said.

Justice Lindgren heard from about 90 witnesses during the 100 days of hearings, which began in 2002 and wound up two years later.

Their evidence is recorded in about 17,000 pages of transcript.

The action began as a claim for 183,000 square kilometres, one of the biggest in Australia.

But it was reduced to its current size to accommodate a separate claim from the Pilki people of the Great Victoria Desert, east of Wongatha.

© 2007 AAP

Source: The Age

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