Antinuclear

Suppression of native title for the Mirarr people- extinguishment of 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  “………Extinguishment principle ‘hard to accept’

In a separate decision, the Federal Court has partially recognised the rights of the Mirarr people to one of the longest-running native title claims in the Territory.

The court has recognised the Mirarr’s rights over sections of the township of Jabiru that have been subleased to government entities. But those rights only apply if and when the leases expire — a move described as the “suppression” of native title.

The ruling also rejected or ‘extinguished’ the Mirarr’s rights over areas of the town subleased to private companies such as Energy Resources Australia — the operators of the Ranger uranium mine.

Mr Morrison said the case had been a complicated one.

“I think it was a very difficult case but I think it also sets an important precedent to partially recognise, through suppression, native title in parts of Jabiru,” he said.

But he said the concept of a native title claim being rejected or “extinguished” could be very difficult for Aboriginal people to accept.

“Aboriginal people right around the country have said it’s an abhorrent feature of the Native Title Act, this extinguishment principle.”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