Antinuclear

Landmark payout for Aboriginal custidians who have lost their native title rights.

Timber Creek Aboriginal custodians win historic $3.3 million payout for native title rights loss, ABC News,  By Avani Dias and Jessicah Mendes  25 Aug 16 More than 20 years after the landmark Mabo decision, the Federal Court has for the first time determined how to award compensation to traditional owners who have lost their native title rights.

Aboriginal custodians of Timber Creek, 600km south-west of Darwin, have been awarded $3.3 million in compensation for the loss of their native title rights.

“We’re very buoyed with the court’s decision today, it’s obviously a very important judicial decision to award compensation through native title and to allow that to proceed has been an immense opportunity for traditional owners around the country,” said CEO of the Northern Land Council Joe Morrison.

“This is the first test case of its kind in Australia and we’re very happy with the outcome.”

A Prescribed Body Corporate will divide the compensation among the Ngaliwurru and Nungali people.

In 2006, the Ngaliwurru and Nungali people won a seven-year legal battle for native title in some parts of their town, but the court found those rights had been lost in other areas where government infrastructure had been built.

In 2011, the traditional owners sued the NT Government for compensation for the loss of those rights.

“It’s a very important step for native title claimants to pursue native title compensation and now we’ve got a formal decision recognised by the courts,” Mr Morrison said………

Decision could trigger more cases

The Federal Court has held hearings in Timber Creek and Darwin since February and on Wednesday Justice Ronald Mansfield ordered the NT Government to pay compensation.

But besides the monetary value of the land, this case was for the first time determining how to quantify the loss of a cultural attachment to the land.

PHOTO: Traditional Owner Chris Griffiths sits at a sacred site in Timber Creek where a concrete bridge has been built against the community’s wishes. (ABC News: Avani Dias)

“That’s always going to be a point of contestation with the conquest of the Britishto Aboriginal people’s country and that’s something that will be argued in courts in the future,” Mr Morrison said.

At just 23 square kilometres in size, native title specialists said Timber Creek was tiny in comparison to other areas where native title had been extinguished or lost.

“Even for that small amount area it’s still quite a large amount of money,” said Gavin Scott from Ashurst Lawyers.

“If you look at other similar native title determinations around Australia there’s about 2.3 million square kilometres of country that’s subject to native title determinations.”http://www.abc.net.au/news/2016-08-24/timber-creek-custodians-payout-for-native-titles-rights-loss/7779532

August 26, 2016 - Posted by Christina Macpherson | aboriginal issues, AUSTRALIA - NATIONAL, Northern Territory