Indigenous Communities Secure Legal Victory for 7,500 Square Kilometres of Territory
Representatives of the Barada, Kabalbara, and Yetimarala Peoples have been engaged in a legal battle for the past decade.
The Indigenous people of central Queensland have been granted title over their ancestral land following a ruling by the Federal Court.
Now, the Barada, Kabalbara, and Yetimarala Peoples have the right to “possess, occupy, use and enjoy the lands and waters” of a large 7,512 square kilometre (4667 square miles) area.
This area includes two regions, one between Sarina in the Mackay region and the other to the north of Rockhampton.
In Australia, Native Title refers to the legal recognition of Indigenous Australians’ traditional rights and interests in land and water.
The Native Title Act 1993 was established after the significant Mabo v Queensland (No 2) decision in 1992, which acknowledged the pre-existing rights of Indigenous people and overturned the concept of terra nullius.
Since lodging their application in July 2013, the case for the return of the land has been heard in court 50 times.
An amended application was submitted in January 2019 by Sam Dallachy and others, claiming to be descendants of the area’s original inhabitants known as “apical ancestors.”
The applicants had to demonstrate evidence of Indigenous customs and intergenerational transfer of traditional knowledge, which convinced Justices Sarah Derrington, Darryl Rangiah, and John Reeves to issue their ruling.
Native Title claims in Queensland have been granted to 180 out of 400 applications over the last three decades.
Currently, there are 39 unresolved claims at various legal stages, with nearly one-third of Queensland subject to a claim in 2021, according to Queensland Minister for Resources Scott Stewart.
Although the granting of claims has been controversial, with some instances of opposition, it remains important to acknowledge and respect the deep connection of First Nations peoples to the land and their ancestors that has existed for over 60,000 years.
