Almost 30 years since it began, Australia's oldest active native title claim has been recognised in the Federal Court, delivering exclusive Native Title for the Traditional Owners of Purnululu National Park.
The first of the native title claims by the Purnululu and Gajangana Jaru claimaints, who have been recognised as the native title holders for the World Heritage-listed National Park, was lodged in 1994.
On Monday exclusive possession native title was also recognised over the neighbouring Purnululu Conservation Reserve and other areas including parts of Springvale pastoral lease and unallocated Crown land under an agreement reached with the State of Western Australia allowing the Federal Court to recognise this form of native title.
The resolution of the claims recognises the interests of the Traditional Owners for the area, who together have Kija, Jaru and Malgnin language identities.
Purnululu Elder Shirley Drill said that while the process has taken a long time she is happy to have her land back.
"This is a very happy moment but this process has taken too long. I had black hair when this all started. I was asked questions over and over. Now it is finished and now we can finally have our land back," she said.
"I want to stay out there on my country. I want my children to stay out on country."
Kimberley Land Council chief executive Tyronne Garstone congratulated the Traditional Owners, noting the significance of Monday's outcome, which is only the second agreement of its kind in Australia.
"This is an historic moment for all of Australia. The agreement between the Purnululu and Gajangana Jaru Applicants and the State of Western Australia acknowledges the value of Traditional Owners' deep knowledge of country and connection," he said.
"The agreement creates a pathway under the Native Title Act for the Federal Court to recognise exclusive possession native title, and sets the foundation for a strong relationship over an area which is of great cultural significance to Traditional Owners and has recognised global significance under World Heritage Listing," Mr Garstone said.
Recent amendments to the federal Native Title Act have allowed the Purnululu and Gajangana Jaru Traditional Owners to take this opportunity.
The amendments to the 47C agreement in the Native Title Act allow state governments to agree that prior extinguishment of native title can be disregarded and exclusive possession recognised over conservation reserves and similar areas.
The 47C agreement involves two native title parties, Purnululu and Gajangana Jaru, and the State of Western Australia. The Kimberley Land Council has provided support to both native title parties as part of its native title representative body functions.
Mr Garstone said the result of many years of struggle "acknowledges the depth of traditional knowledge and its value to cultural and environmental conservation, will result in better conservation practices for Australia".
"This is indicative of the forward-looking approach that governments are now taking to native title, Indigenous land management and the mutual and community-wide benefits that stem from the recognition of Traditional Owners' ongoing connection to country, their culture, and knowledge," he said.
There will be a ceremonial sitting of the Federal Court of Australia in the determination area in May 2023.
The proposed 47C agreement covers the Purnululu National Park and the Purnululu Conservation Reserve.
The Purnululu native title claim covers 4,573 sq km and includes the Purnululu National Park, the Purnululu Conservation Reserve, and neighbouring pastoral lease and unallocated Crown lands.
The Gajangana Jaru native title claim covers 2,438 square kilometres and covers the Purnululu National Park.
WA Aboriginal Affairs Minister Tony Buti said the state government congratulated the Purnululu and Gajangana Jaru Native Title holders on their significant achievement.
"WA's recognition of Traditional Owners – and their enduring connection to country under section 47C – is unparalleled," he said.
"Alongside the Pila Nature Reserve determination earlier this year, this is the second Section 47C Agreement in Australian history, and the McGowan government remains steadfastly committed to reaching native title outcomes by agreement."
Kimberley MLA Divina D'Anna said the agreement "forms the basis for a strong association over an area which is of great cultural significance to the Traditional Owner groups".
"This historic recognition of the deep knowledge and connection to country of Traditional Owners and old people by the McGowan government has been a long time in the making and is a proud moment for us all."
