45 years in the making, Kenbi land claim sees parts of Cox Peninsula returned to Larrakia

Dechlan Brennan
Dechlan Brennan Published December 5, 2024 at 2.35pm (AWST)

After more than 45 years of advocacy, hard work, and activism, the first and final transfer of land to Larrakia has been signed off by the Federal and Northern Territory governments.

The Kenbi Land Claim - which has been running since 1979 - was announced by the Larrakia Development Corporation (LDC) on Thursday and will hand back the last portions of land on the Cox Peninsula to the Kenbi Land Trust and the LDC.

Larrakia Development Corporation chief executive Nigel Browne said he was only a one-year-old when the Kenbi land Claim was first filed by Larrakia Elders; the commencement of what would become one of Australia's longest running land claims.

"During my tenure as CEO of Larrakia Development Corporation I have overseen the transfer of Section 32 over these past eight years," Mr Browne said.

"With this transfer we signal another step towards acknowledging Larrakia people's connection to our Country and our determination to continue advancing toward a very bright future."

In 1972, the Larrakia Petition called for land rights and self-determination for all Aboriginal and Torres Strait Islander peoples of Australia, and in 1979, the Northern Land Council consolidated the previous claims into the Kenbi Land Claim.

"We are our ancestor's dreams, and I am proud to have played my part as a Larrakia & Wulna Traditional Owner, in achieving this outcome for all Larrakia people," Mr Browne said.

Mr Browne added: Over the past five decades Larrakia have continually pursued rights to their Country and Sacred Sites."

"We pay homage to our strong and determined Larrakia Elders, ancestors and leaders whose strength has helped pave the way for our people and our future."

A LDC spokesperson said the decision on Thursday "would not be possible without the determination and fighting spirit of Larrakia Elders who have long since passed and returned to the Dreamtime".

In 1981, the High Court overturned a judgement which declared the Cox Peninsula was Crown land, enabling the claim to proceed.

In 1992, the High Court once again overturned a lower court decision, this time that of Justice Olney, who had determined the previous year there were no Traditional Owners for the land claim under the Aboriginal Land Rights (NT) Act.

In 2000, Justice Gray handed down a decision declaring the Kenbi Land Claim valid and recommending the land be granted to a land trust for the benefit of all Larrakia.

The LDC spokesperson said: "For over 155 years the journey to self-determination and rights to our ancestral land and sea Country for Larrakia has been a long and challenging social and legal fight."

"We acknowledge and thank all those who have come before us and have shown the resilience and determination of Aboriginal and Torres Strait Island people to reclaim our rights.

"The Kenbi Land Claim may stand as the longest running land rights claim, but it sits amongst other milestones in a history of great ancestors and moments that have marked the history of our people."

A 'settlement' ceremony was held at Cox Peninsula in 2016, with then Prime Minister Malcolm Turnbull, and the surviving descendants of the Traditional Owners and original Kenbi Land claimants.

"I acknowledge that Larrakia people have cared for this country for tens of thousands of years, that your songs have been sung since time out of mind," Mr Turnbull said at the time.

The Northern Territory government said the historic announcement was a tribute to the "ongoing collaboration" between the NT and Federal governments, as well as the Northern Land Council, the Larrakia people and Traditional Owners, "to resolve complex issues".

"Finalisation of the Kenbi Land Claim is a positive step for the Aboriginal landowners to progress commercial and land management initiatives for economic development and cultural outcomes," NT Indigenous Affairs Minister, Steve Edgington, said.

The agreement sees the NT government secure access to the intertidal Aboriginal Waters of the Cox Peninsula, subject to sacred site protections first introduced in 2016.

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