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.

Click on maps to enlarge

Australian Prime Minister Abbott and Immigration Minister Morrison left with red faces

By 5 December 2013 asylum seeker boats had been arriving at the rate of one boat every four days during the first 78 days of the Abbott Government’s term in office.

If the failure of the Coalition’s Stop The Boats election promise was not embarrassment enough for the Prime Minister and Immigration Minister, this media report on the same day would have left them in little doubt that their gung-ho Operation Sovereign Borders was fast becoming  a joke:

A boat carrying about 25 asylum seekers seekers has made it to Christmas Island without being detected.

Christmas Island's shire councillor Gordon Thomson says a group of about 25 asylum seekers have been living on a remote beach on the south-eastern side of the island since their boat sank on Monday.

Mr Thomson says the group was only detected when some of the asylum seekers were spotted walking along a main road into town earlier today.

"This morning eight or nine people walked up onto one of our main roads from Dolly Beach - the eight or nine people are probably Rohingya," he told the ABC.

"There are another 15 or 16 people still on Dolly Beach who are part of that group, so the total number is about 25.

"Their boat has sunk and they have been living on Dolly Beach since Monday.

"We're told that when offered water and food, they weren't thirsty and they weren't that hungry, so they seem to have survived quite well since Monday.

"They've obviously decided to have a look around on day four."

Mr Thomson says the asylum seekers found on the road have been taken into immigration detention.

"There was a mad scramble [about] 11:30am ... the police and the customs and they went up to pick people up," he said.

"I assume that somebody has driven along the road and has seen the group of people walking along the road and called the cops.

"No one is injured, no one has been lost - that's the information at the top of the road.

"We're yet to hear the details from the group that's still on the beach, but the group that has been taken into detention gave that information to police and that's all the information the police have been able to give me."

A search is underway for the rest of the group...

Just one of the many reasons why Metgasgo Limited's share price is still in the doldrums

This is the Metgasco Limited Price History Chart at close of business on 5 December 2013:

This is The Woop Woop March coming to the Australian Parliament House on 3 December 2013: 

The Daily Examiner and The Northern Star announce the protesters arrival:

Ballina Shire Advocate on 4 December 2013 telling the world why they were there:

A PAIR of Glenugie land- owners rode horses to Parliament House in Canberra yesterday to protest Metgasco coal seam gas operations near their property.

Joined by 10 others over a 74-day journey from Grafton, Colaria owners Mick and Donna Franklin hit out at CSG exploration on neighbouring properties......

Mr Franklin said he did not have Metgasco tenements over his land, but he was worried about the impacts exploration on a property next door might have.

One of his greatest concerns was that CSG operations might impact his property's spring water supply.

"I own my land, and I don't owe anything to anyone - I simply want to be able to live on my land without anyone coming on and trying to drill on it," he said. "We came all the way down to Canberra to show the politicians we did not want CSG to impact on our land and water."

While this was ABC News covering the beginning of the protest ride: 

Anti coal seam gas protesters take to horse back to deliver message to Canberra

Jenna Cairney retires as Editor of The Daily Examiner

Jenna taking a break from preparing for 

the removal van on 27 November 2013

North Coast Voices wishes retiring The Daily Examiner Editor, Jenna Cairney, all the best as she professionally advances to deputy editor of the respected national masthead The Land established in 1911 and widely read by four generations of Australian farming families.

Her interest in and enthusiasm for the Clarence Valley was always appreciated.

I’m sure valley residents look forward to incoming editor, APN News & Media Northern Rivers chief sub-editor and Woolgoolga resident David Moase, sharing that same interest and enthusiasm.

Jenna on Page 7 of The Daily Examiner, 7 December 2013:

It's been a grand ride

THE first five things I thought on arriving in the Valley were:

The Pacific Hwy sucks.

Is this Grafton? Ah no, it's South Grafton. Now how the Hell do I get to Grafton?

The internet on my phone is so, so slow.

Now, that's a river.

Yamba = paradise.

I wonder what will go through my mind as I drive out over the bendy bridge on Wednesday.

You see, this is my final editorial for The Daily Examiner.

I'm off to work as deputy editor for The Land, based in Richmond, west of Sydney.

I guess one of the first things I'll think about will be Grafton Jail. The community response over its closing was something I'd never witnessed. I've never been so proud to stand side by side with my fellow residents and fight for a cause. That experience still gives me goosebumps and it will live with me forever.

A jail was probably one of the last things I ever thought I'd think about.

I'll think about how, as I toddled down my path like a kid on her first day of school, a neighbour pounced: "You're the new editor of The Examiner - I read your editorial today ..." then gave me a critique of my writing and The DEX.

"Wow, they certainly read this paper," I thought.

And I wasn't wrong.

Every word, every slip-up and, of course, every time we got it right, there was a visitor, a phone call or an email.

So, I'll think about how much one region cares about its daily paper and about how privileged I was to sit in the driver's seat.

I'll think of the people I've met and, in particular, the impressive pool of talented and passionate people who work at The Daily Examiner.

Despite massive changes, in the face of big breaking news and even in the everyday humdrum, they've (more often that not) had a smile on their face, a spring in their step but, most of all, fire in their belly.

Because of that team we've been able to achieve some amazing feats - APN Newspaper of the year and the finals of PANPA. But most importantly, we have continued to be the voice of the Valley and to stand up for things that matter.

Now it's time to warmly welcome the new editor, David Moase, whom you will meet on Monday and who brings bucketloads of experience and talent.

Having worked with David in his capacity as chief sub editor of Northern New South Wales, I can attest to his professionalism and quality of his work. He's a worthy leader for such a dedicated team.

Lastly, as I head over that bendy bridge come Wednesday arvy, I'll think:

Please let me find my way back here one day. The Clarence Valley: God's Country.

Quote of the Week

He's never seen a green paddock he would not concrete, 

never seen a bit of pollution he would not reward

Opposition Leader Bill Shorten speaking of Federal Environment Minister Greg Hunt

[House of Representatives Hansard,5 December 2013]

Human Evolution: an explanation for the existence of Australian Prime Minister Tony Abbott

when it comes to evolution, "we're complete mongrels... Everybody was bonking everybody else."

[http://www.pbs.org/newshour/rundown/2013/12/turns-out-humans-are-complete-mongrels.html]

* Photograph found at Google Images