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| Noongar who won federal court challenge only to have it reversed vow to fight on | Noongar who won federal court challenge only to have it reversed vow to fight on |
| (about 5 hours later) | |
| Traditional owners who had their legal veto power over one of Australia’s largest land rights handovers quashed by federal legislation say they are raising funds to renew their fight in the high court. | Traditional owners who had their legal veto power over one of Australia’s largest land rights handovers quashed by federal legislation say they are raising funds to renew their fight in the high court. |
| Mervyn Eades, one of four dissident Noongar representatives who undid a $1.3bn deal to give up native title rights over 200,000 sq km in Western Australia, said parliament’s move to validate the deal four months later was a bitter pill to swallow. | Mervyn Eades, one of four dissident Noongar representatives who undid a $1.3bn deal to give up native title rights over 200,000 sq km in Western Australia, said parliament’s move to validate the deal four months later was a bitter pill to swallow. |
| But the objectors had already raised $30,000 towards renewing their battle over proposed Indigenous land use agreements between the state of WA and the Noongar, its largest Aboriginal group, Eades said. | But the objectors had already raised $30,000 towards renewing their battle over proposed Indigenous land use agreements between the state of WA and the Noongar, its largest Aboriginal group, Eades said. |
| “We will fight on, and we will go to the high court and we will fight this for Noongar peoples, for all First Nations peoples and for Eddie Mabo’s legacy,” he said. | “We will fight on, and we will go to the high court and we will fight this for Noongar peoples, for all First Nations peoples and for Eddie Mabo’s legacy,” he said. |
| Their solicitor, Kevin Morgan, part of a three-person legal team including ex-federal court judge Ron Merkel QC, said there was “probably another opportunity to win again”. | Their solicitor, Kevin Morgan, part of a three-person legal team including ex-federal court judge Ron Merkel QC, said there was “probably another opportunity to win again”. |
| “But after two years of pushing this under our own individual steam without getting paid, it does get hard to rise off the canvas to go for another round in the high court,” Morgan said. | “But after two years of pushing this under our own individual steam without getting paid, it does get hard to rise off the canvas to go for another round in the high court,” Morgan said. |
| Their surprise court victory in January set a new legal precedent that rocked proponents of other Indigenous deals such as the miner Adani. | Their surprise court victory in January set a new legal precedent that rocked proponents of other Indigenous deals such as the miner Adani. |
| The full bench of the federal court ruled that Indigenous land use agreements could not be registered unless all traditional owners representing a native title claim signed on. | The full bench of the federal court ruled that Indigenous land use agreements could not be registered unless all traditional owners representing a native title claim signed on. |
| This ruling gave a minority of Indigenous representatives – such as Eades and his fellow objectors who were outnumbered by supporters in their representative group – an “ability to ‘veto’” a deal, two judges noted. | This ruling gave a minority of Indigenous representatives – such as Eades and his fellow objectors who were outnumbered by supporters in their representative group – an “ability to ‘veto’” a deal, two judges noted. |
| However, the Turnbull government intervened, passing with Labor support last week native title amendments that make future Indigenous land use agreements valid with a majority of signatures from Indigenous representatives. | However, the Turnbull government intervened, passing with Labor support last week native title amendments that make future Indigenous land use agreements valid with a majority of signatures from Indigenous representatives. |
| The amendments also validated all existing Indigenous land use agreements and proposed Indigenous land use agreements that lacked unanimous support, such as the one between WA and the Noongar and Adani’s with the Wangan and Jagalingou in Queensland. | The amendments also validated all existing Indigenous land use agreements and proposed Indigenous land use agreements that lacked unanimous support, such as the one between WA and the Noongar and Adani’s with the Wangan and Jagalingou in Queensland. |
| In February the national native title tribunal indicated the federal court precedent could jeopardise up to 123 existing Indigenous land use agreements. | In February the national native title tribunal indicated the federal court precedent could jeopardise up to 123 existing Indigenous land use agreements. |
| But a bills digest with the legislation noted the total number affected was “unclear”. | But a bills digest with the legislation noted the total number affected was “unclear”. |
| Morgan said for the Noongar objectors, the amendments were “like moving the goal posts after the ball’s been kicked, and after the umpire’s already declared it missed the goals”. | Morgan said for the Noongar objectors, the amendments were “like moving the goal posts after the ball’s been kicked, and after the umpire’s already declared it missed the goals”. |
| “There are probably [legal] steps that can be taken but we really aren’t in a position to go another round without someone willing to put up some funding,” he said. | “There are probably [legal] steps that can be taken but we really aren’t in a position to go another round without someone willing to put up some funding,” he said. |
| “It literally was two years of three lawyers without getting paid. It does get difficult and we’re still fighting tooth and nail to get costs out of our first win. That’s been going on a few months since, presumably to delay these people getting fresh funds to fight again.” | “It literally was two years of three lawyers without getting paid. It does get difficult and we’re still fighting tooth and nail to get costs out of our first win. That’s been going on a few months since, presumably to delay these people getting fresh funds to fight again.” |
| Eades said: “We followed the white man’s system of law, with the court system, and we won – unanimously before the full bench of the federal court. | Eades said: “We followed the white man’s system of law, with the court system, and we won – unanimously before the full bench of the federal court. |
| “The government’s run to parliament and changed legislation and our native title rights been undermined.” | “The government’s run to parliament and changed legislation and our native title rights been undermined.” |
| The Noongar agreements would permanently extinguish their native title claim over 200,000 sq km of southern Western Australia. | The Noongar agreements would permanently extinguish their native title claim over 200,000 sq km of southern Western Australia. |
| In exchange, a clan of almost 30,000 people making up about half of WA’s Indigenous community would receive a $1.3b compensation package, including 12 years of annual $50m payments into a trust. | In exchange, a clan of almost 30,000 people making up about half of WA’s Indigenous community would receive a $1.3b compensation package, including 12 years of annual $50m payments into a trust. |
| That “adds up to $13 an acre”, Eades said. | That “adds up to $13 an acre”, Eades said. |
| This was disgraceful but opposition to the deal was not about money, he said. | This was disgraceful but opposition to the deal was not about money, he said. |
| “It’s about extinguishing our rights to country and not being able to contest past and future acts” on the land, he said. | “It’s about extinguishing our rights to country and not being able to contest past and future acts” on the land, he said. |
| Eades said the objectors wanted to negotiate with the state on ways to preserve native title rights amid commercial activity on the land. | Eades said the objectors wanted to negotiate with the state on ways to preserve native title rights amid commercial activity on the land. |
| Fellow objector Margaret Culbong said the “deal to end native title is disrespectful to the Noongar people, my people”. | |
| “The amendments will never take away my rights, my land, my lore and my culture,” she said. | “The amendments will never take away my rights, my land, my lore and my culture,” she said. |
| The objectors found in Morgan, their solicitor, an unlikely champion in a major native title case. | The objectors found in Morgan, their solicitor, an unlikely champion in a major native title case. |
| Morgan said: “The reality is that two years ago, no matter where my clients looked to get advice on the lawfulness of them being stripped of their native title rights – government, corporate, their own Aboriginal representative bodies – they couldn’t find anyone to help them. | Morgan said: “The reality is that two years ago, no matter where my clients looked to get advice on the lawfulness of them being stripped of their native title rights – government, corporate, their own Aboriginal representative bodies – they couldn’t find anyone to help them. |
| “Hence they ended up in my boardroom. I’m a business lawyer. I don’t do native title.” | “Hence they ended up in my boardroom. I’m a business lawyer. I don’t do native title.” |
| What piqued Morgan’s interest in the agreements, on which 1,578 Noongars voted, was partly “the fact I thought 3% of people [in the total claim group] voting in favour wasn’t much of a mandate”. | What piqued Morgan’s interest in the agreements, on which 1,578 Noongars voted, was partly “the fact I thought 3% of people [in the total claim group] voting in favour wasn’t much of a mandate”. |
| Glenn Kelly, who identifies as a Noongar man, and as chief executive of the South West Aboriginal Land and Sea Council negotiated the deal in 2015, said then it was about “empowerment”. | Glenn Kelly, who identifies as a Noongar man, and as chief executive of the South West Aboriginal Land and Sea Council negotiated the deal in 2015, said then it was about “empowerment”. |
| “There’s some people whose identity is based on being dispossessed and when something like this comes along which is about empowerment, it really challenges some people’s identity,” he told ABC. | “There’s some people whose identity is based on being dispossessed and when something like this comes along which is about empowerment, it really challenges some people’s identity,” he told ABC. |
| “As a result, they sort of oppose it because it means taking responsibility and building and rebuilding.” | “As a result, they sort of oppose it because it means taking responsibility and building and rebuilding.” |
| Gerry Georgatos, a suicide prevention and prison reform researcher, said extinguishing native title rights for the Noongar would “come at the cost of wellbeing and hope” in an already disadvantaged community. | Gerry Georgatos, a suicide prevention and prison reform researcher, said extinguishing native title rights for the Noongar would “come at the cost of wellbeing and hope” in an already disadvantaged community. |
| He said the compensation was limited given the impact on future generations of Noongar people, half of whom now lived below the poverty line and one in six having been to jail. | He said the compensation was limited given the impact on future generations of Noongar people, half of whom now lived below the poverty line and one in six having been to jail. |