More than 1,765,000 hectares of Cape York to be returned to Traditional Owners

Dechlan Brennan
Dechlan Brennan Published July 10, 2024 at 3.00am (AWST)

More than 1,765,000 hectares of Cape York will be returned to Olkola, Kunjen Olkol and Kowanyama Peoples Traditional Owners on Wednesday.

In a landmark event, the Federal Court of Australia will recognise the Native Title rights of three Aboriginal Traditional Owner groups in Cape York at the Cairns Convention Centre.

Presided over by Chief Justice Debra Mortimer, the determination ceremony will be attended by the Cape York Land Council board, as well as a large number of community members.

The determined areas are part of the historic Cape York United #1 claim (CYU#1), authorised in 2014 and registered early this year.

Its objective was to resolve Native Title Claims in a strategic and efficient way.

Wednesday's determination will mean 74.5 per cent of the 5,914,875.03 hectares of the CYU#1 Claim to a Native Title determination will have been progressed by the Cape York Land Council (CYLC) since it was authorised.

On Wednesday, 1,300,457.01 hectares of the Olkola peoples Country in Central Cape York will be determined, as well as 442,858.5 hectares of the neighbouring Kunjen Olkol peoples Country.

On Thursday, the Kowanyama Peoples, whose Country was partly determined in 2009, 2012 and 2014 will have the remaining 21,777 hectares of their Country on the Cape determined, including pastoral lease tenure in Central Cape York peninsula, east of Kowanyama.

(Image: Phil Schouteten, Phisch Creative)

The area includes important habitat for both the ecosystem and the Traditional Owners of Country.

These include Olkola and Awal National Parks, vital habitat for the endangered Golder Shoulder Parrot, as well as the Palmer River, the Desert Springs lagoons, and the Cape York cornicle termite mounds.

One of the key principles of CYU#1 was that Traditional Owners have the chance to speak for Country, and in a statement, the CYLC said the determination is a result of the Olkola, Kunjen Olkol, and Kowanyama people speaking for their Country "in accordance with their traditional laws and customs for generations to come".

"With this recognition of their Native Title rights and interests, the Olkola, Kunjen Olkol, and Kowanyama People will be able to better negotiate their preferences around cultural heritage and sustainable management of Country," the CYLC said.

There have been 18 determinations since 2021, with a further ten timetabled by the Federal Court to take place this year.

The rest of the CYU#1 claim will take place in 2025.

"The Olkola, Kunjen Olkol and Kowanyama Peoples Native Title determination marks a pivotal moment in the ongoing efforts to recognise and respect the rights of Traditional Owners of Cape York," the CYLC said.

"It is a celebration of cultural heritage, legal recognition, and the resilience of the Olkola, Kunjen Olkol, and Kowanyama Peoples."

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