No need to worry about missing out on exclusive native title sites - lawyer

Indigenous rights

Shaun Hollis

Senior Journalist

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The Eastern Kuku Yalanji people have been awarded native title rights in parts of the Daintree region. Picture: Shaun Hollis

Exclusive native title rights have this month been declared over about 76,000ha of Far North Queensland land in the Douglas Shire and Wujal Wujal regions, but the principal lawyer in the Federal Court case says people do not have to worry about being excluded from the land as long as they request the right permissions before travelling there.

The Court this month recognised the Eastern Kuku Yalanji people's native title rights over 217,884ha of land including Cape Tribulation, Thornton Beach, Cow Bay, Wujal Wujal, Bloomfield and Daintree, with 35 per cent of those rights declared “exclusive”.

But Cape York Land Council’s principal lawyer Michelle Cioffi said the Eastern Kuku Yalanji were  “kind people”, were nonconfrontational, and they welcomed others to the region.

“They want people to enjoy their country, so long as people are respectful and seek the right permissions, that is what needs to occur,” Ms Cioffi said.

She said the general public still had the right to fish and access waterways, but if they had to travel through exclusive native title regions to get to somewhere like a favourite fishing spot, they may now have to ask for permission from the group nominated to carry the responsibilities of the new determination - Jabalbina Yalanji Aboriginal Corporation.

“Certainly areas where exclusive native title has now been recognised, I would suggest that it’s just about making sure that they’re going out and they’re getting the right permissions,” she said.

“It’s just about relationships, and respectful relationships.”

She said development could still go ahead in town centres such as Wujal Wujal as long as agreements are reached with native title holders, while negotiations could also take place in regards to mining.

“By the same token, some of those areas that are exclusive, it just means that if they do want to just protect Country, and places that are important, they can do that, and they can do that to the exclusion of other people.”

In a separate decision, the Federal Court has also this month recognised the native title rights of the Western Kuku Yalanji people over 170,827ha of Cape York land near Lakeland and Laura, with 9 per cent of those rights declared exclusive.

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