Country, Culture, People, Future

Badimia

Badimia

Posted: April 19th, 2016

 

Claim Background

The Badimia native title claim covered approximately 36,129 square kilometres of land in the Yamatji Region. It lies in the Shires of Cure, Dalwallinu, Menzies, Mount Magnet, Mount Marshall, Perenjori, Yalgoo and Yilgarn.

The final hearing for the Badimia trial was in April 2013 at the Federal Court, and Justice Barker decided native title does not exist in the Badimia claim area. YMAC and Badimia appealed this decision. On 18 May 2015 a full Federal Court of five judges determined that Justice Barker’s decision was correct at law.

YMAC stands by the Form 1 native title application filed on behalf of the Badimia people as presented to Justice Barker, and continues to support the Badimia people in their fight for recognition as Traditional Owners of Badimia Country and caretakers of Badimia Culture. Accordingly, YMAC is assisting the Badimia people with replacing the claim group with an Aboriginal Corporation.

The purpose of the Aboriginal Corporation is to continue to maintain Badimia people’s connection to Country and Culture and to seek partnerships with stakeholders in the Badimia region. It is the hope that these partnerships will work to secure proper land management strategies. Some of these stakeholders include the Department of Parks and Wildlife, Northern Area Catchment Council, and Pew Charitable Trusts.

Budina (native title recognised in 2017)

Posted: April 19th, 2016

 

 

 

 

Claim Background

The Budina native title claim covers approximately 4,096 square kilometres of land in the Yamatji region. It lies in the Shires of Ashburton, Carnarvon and Upper Gascoyne.

A Connection Report was provided to the State in 2013. Since that time YMAC has provided the State additional information and responded to queries when they arose, providing a Supplementary Connection Report in March 2015.

YMAC has continued to provide assistance to the Budina claim group about notification and agreement making.

Gnulli

Posted: April 19th, 2016

 

Claim Background

The Gnulli native title claim covers approximately 82,708 square kilometres of land and sea in the Yamatji Region. It lies in the Shires of Ashburton, Carnarvon, Exmouth and Upper Gascoyne.

2015 and 2016 has been a very intensive period of research for the Gnulli native title claim. Dr David Martin has been contracted to co-author the Gnulli connection report and its material with YMAC anthropologist Carmen Cummings, and work on this report will continue into 2017.

In Future Act matters, the claim has a modest but steady amount of resource-related work to be undertaken. Some work is also underway around the coastal conservation reserves and the adjacent pastoral leases.

Hutt River

Posted: April 19th, 2016

 

 

 

Claim Background

The Hutt River claim covers approximately 5,893 square kilometres of land and sea in the Yamatji region. It lies in the Shires of Chapman Valley and Northampton.

The Hutt River claim is part of what has been known as the Alternative Settlement strategy, and more recently the Court has been describing the claim as part of the Geraldton Cluster.

The three YMAC represented GSA claims and both Mullewa Wadjari and Widi Mob are involved in a variety of negotiations. The aim is to seek mutually beneficial outcomes and to reduce the risk of litigation. All five claims receive regular attention from the Federal Court through case management conferences and Court correspondence.

YMAC continues to provide assistance to the Hutt River claim in relation to future acts and heritage.

Malgana

Posted: April 19th, 2016

 

Claim Background

The Malgana claim covers approximately 36,072 square kilometres of land and sea in the Yamatji region. It lies in the Shires of Carnarvon, Murchison, Shark Bay and Upper Gascoyne.

The Malgana connection report was written by Dr Anna Kenny with the assistance of YMAC anthropologists, and was provided to the State on 11 December 2015. This completed the final milestone in an intensive Federal Court Work Plan for the Malgana claim group through the 2015 calendar year.

At a meeting on 31 October 2015, the Malgana claim group decided to support the provision by YMAC of the Malgana connection report to the State of Western Australia on a without prejudice basis. At this meeting, the Malgana claim group also authorised important amendments to the claim group description and authorised a replacement applicant to make the amended claim in the Federal Court.

YMAC continues to provide the Malgana claim group with assistance in relation to future acts, heritage services, and community development, and both land and sea management activities.

Nanda

Posted: April 19th, 2016

 

Claim Background

The Nanda native title claim covers approximately 23,110 square kilometres of land and sea in the Yamatji region. It lies in the Shires of Chapman Valley, Murchison, Northampton and Shark Bay.

YMAC provided the State with the Nanda Connection Report in December 2014. The State responded to the Nanda Connection Report with two letters, and YMAC is to provide the State with two supplementary connection reports in the second half of 2016. YMAC continues to assist the Nanda native title claimants in relation to future act and heritage matters.

Southern Yamatji

Posted: July 4th, 2018

Claim Background

The Southern Yamatji native title claim is the southernmost coastal claim in the Yamatji region. Its external boundaries enclose an area of approximately 27,837 square kilometres within the local government areas of the City of Greater Geraldton and the Shires of Carnamah, Chapman Valley, Coorow, Irwin, Mingenew, Morawa, Murchison, Northampton, Perenjori, Three Springs, and Yalgoo. This includes the towns of Carnamah, Dongara, Eneabba, Geraldton, Mingenew, Morawa, Mullewa, Nabawa, and Three Springs.

Due to the particularly high level of historical native title extinguishment surrounding Geraldton, Traditional Owners of this area have long sought to negotiate an alternative settlement of their claims. For this reason, YMAC refers to the area currently covered by the Southern Yamatji and Hutt River claims as the “Geraldton Settlement Area” (GSA).

The Southern Yamatji claim was formed as a result of recent efforts by Traditional Owners from different claims to resolve native title overlaps and engage with the State of Western Australia about alternative settlement. Through the course of 2016, the Mullewa Wadjari claim and the Widi Mob claim withdrew from the Amangu claim area, and the Amangu claim was amended to become the authorised Wilunyu claim. On 5 March 2017, the Wilunyu claim combined with the Naaguja claim to form the Southern Yamatji claim. On 3 April 2017, the combined Southern Yamatji claim was filed with the Federal Court of Australia.

The Southern Yamatji claim covers the combined areas of the former Wilunyu and Naaguja claims, and includes all Aboriginal people who assert a traditional connection to any part of this area. It includes most members of the former Amangu/Wilunyu claim, all members of the former Naaguja claim, most members of the Mullewa Wadjari claim, and all members of the Widi Mob claim.

The Southern Yamatji claim group has authorised an elected Working Group to provide YMAC with instructions on an ongoing basis. This Working Group has representatives of each of the eleven descendant groups that make up the Southern Yamatji claim.

Thiin-Mah Warriyangka, Tharrkari and Jiwarli (TMWTJ)

Posted: March 23rd, 2017

Claim Background

The Thiin-Mah Warriyangka, Tharrkari and Jiwarli (TMWTJ) is a joint native title claim covering more than 6800 square kilometers in the Shires of Ashburton, Carnarvon, and Upper Gascoyne. It lies on the boundary of the Yamatji and Pilbara representative regions.

YMAC was approached by members of the TMWTJ Applicant in June of 2016, and was formally retained in September 2016.

The claim was brought forward on behalf of claimants determined to be native title holders in the nearby Thudgari determination. YMAC does not provide legal representation to the PBC for the Thudgari determination area Kulyamba Aboriginal Corporation.

Thudgari (native title recognised in 2009)

Posted: April 29th, 2016

Claim Background

An authorisation meeting and community meeting for a new claim occurred in Carnarvon on 6 June 2015.

All decisions necessary to lodge a claim were made including appointment of a lawyer to represent the group.

YMAC was not instructed to represent the group.

YMAC’s role since this decision has been to address issues flowing from the meeting including speaking with members of the claim group and helping direct them to their new legal representation.