Bandjalang People gain Native Title on NSW North Coast

Tears and cheers after the court judgment was announced

Photograph from Valley Watchdog

On 2 December 2013 two longstanding native title applications were finally determined by the Federal Court of Australia in Bandjalang  People No 1 and No 2 v Attorney General of New South Wales [2013] FCA 1278:

NSD 6034 of 1998

THE COURT DETERMINES THAT:

Existence of Native Title

1.           Native title exists in relation to:

(a) each of the areas of land and waters described in Schedule One, to the extent that each falls within the external boundaries of the claim area as described in Attachment B to the Further Amended Claimant Application in the Proceedings (which is reproduced as Schedule Three to this Consent Determination) ("External Boundaries"); and

(b) all land between the mean high water mark and the mean low water mark within the External Boundaries

(c) collectively the areas described at (a) and (b) above are the "Consent Determination Area".

Native title holders

2.            Native title is held by the Bandjalang People who are Aboriginal persons who are:

(a) the biological descendants of:

(i) King Harry, Jack Wilson, Susannah mother of Frank Jock Jnr, Michael “Mundoon” Wilson, George James, Eliza Breckenridge, Jack Breckenridge, Frank Jock Jnr, Ada Jock, Gibson Robinson, Grace Bond; and

(b) persons adopted or incorporated into the families of those persons (and the biological descendants of any such adopted or incorporated persons) and who identify as and are accepted as  Bandjalang  People in accordance with Bandjalang  traditional laws and customs.

Nature and extent of native title rights and interests

3.            Subject to paragraphs 4 to 9 inclusive the nature and extent of the native title rights and interests held by the Bandjalang People in the Consent Determination Area identified in Schedule One, are the nonexclusive rights set out below:

(a) the right to hunt, fish and gather the traditional natural resources of the Consent Determination Area for non-commercial personal, domestic and communal use;

(b) the right to take and use waters on or in the Consent Determination Area;

(c) the right to access and camp on the Consent Determination Area;

(d) the right to do the following activities on the land:

(i) conduct ceremonies;

(ii) teach the physical, cultural and spiritual attributes of places and areas of importance on or in the land and waters; and

(iii) to have access to, maintain and protect from physical harm, sites in the Consent Determination Area which are of significance to the Bandjalang  People under their traditional laws and customs.

AND

NSD 6107 of 1998

THE COURT DETERMINES THAT:

Existence of Native Title

1.            Native title exists in relation to each of the areas of land and waters described in Schedule One, to the extent that each falls within the external boundaries of the claim area as described in Attachment B to the Further Amended Claimant Application in these proceedings (which is reproduced as Schedule Three to this Consent Determination) ("External Boundaries") (“Consent Determination Area”). Each of the areas described in Schedule One is to be taken to include any creek occurring within its boundaries.

Native title holders

2.            Native title is held by the “Bandjalang People” who are Aboriginal persons who are:

(a) the biological descendants of:

(i) King Harry, Jack Wilson, Susannah mother of Frank Jock Jnr, Michael “Mundoon” Wilson, George James, Eliza Breckenridge, Jack Breckenridge, Frank Jock Jnr, Ada Jock, Gibson Robinson, Grace Bond; and

(b) Persons adopted or incorporated into the families of those persons (and the biological descendants of any such adopted or incorporated persons) and who identify as and are accepted as Bandjalang People in accordance with Bandjalang  traditional laws and customs.

Nature and extent of native title rights and interests

3.            Subject to paragraphs 4 to 7 the nature and extent of the native title rights and interests held by the Bandjalang People in the Consent Determination Area identified in Schedule One, are the nonexclusive rights set out below:

(a) the right to hunt, fish and gather the traditional natural resources of the Consent Determination Area for non-commercial personal, domestic and communal use;

(b) the right to take and use waters on or in the Consent Determination Area;

(c) the right to access and camp on the Consent Determination Area;

(d) the right to do the following activities on the land:

(i) conduct ceremonies;

(ii) teach the physical, cultural and spiritual attributes of places and areas of importance on or in the land and waters; and

(iii) to have access to, maintain and protect from physical harm, sites in the Consent Determination Area which are of significance to the Bandjalang People under their traditional laws and customs.

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