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BKY People recognised as Native Title holders after decades-long battle

David Prestipino -

The Federal Court has recognised the Barada Kabalbara Yetimarala (BKY) People as Native Title Holders over approximately 1353 square kilometres of their Traditional land and waters in an on-Country hearing at the Clarke Creek Community Centre.

Friday's judgement by Justice Sarah Derrington concluded a journey that began in 2013, when the claim was first lodged.

Clarke Creek is centrally located in the BKY claim area in Queensland and is an important place to the People of BKY, who previously received land rights over three parcels of land in the Clarke Creek area in June 2016.

The BKY said the lands and waters of the determination area were imbued with the spirits of their ancestors, which informed the continuing connection to the contemporary Traditional Owners.

Oral traditions have kept these spiritual understandings alive, one example being the knowledge of totems, which unites a group to their Traditional Lands.

One totem is the eaglehawk or the goodiethulla, which remains an important totem to many of the BKY People, while the other totems are the snake and the emu.

BKY Traditional Owner Margaret Hornagold said the recognition has been a long time coming, which first started with her Elders in 1998.

She said the BKY people had shown their enduring connection to their lands and waters and the cultural knowledge that continues to thrive across generations throughout the Native Title process.

"It has been a time of battling, struggling, and trying to have our connection to Country recognised," Ms Hornagold said.

"There have been wonderful relationships built along the way, and being able to walk on Country is the best feeling."

Fellow BKY Traditional Owner, Betty Doyle, said she was never sure her People would progress to this stage of Native Title.

"We have had so many obstacles thrown at us over these past 20 years," she said.

"The old people we have lost along the way, their tears of joy will fall softly when the Title is handed back to the Barada Kabalbara Yetimarala People."

The determination grants the BKY people exclusive Native Title rights over approximately 107 sqkm of Traditional Country and non-exclusive rights over 1245sqkm.

Exclusive Native Title can be recognised only over Unallocated Crown Land (land where there is no other interest), or land that has previously been reserved by the Crown for the benefit of Indigenous Australians.

Non-exclusive rights can include the right to use Country for Traditional activities, and do not prevent non-Indigenous people from using the land if they also have a legal interest to it.

For Ms Hornagold, the recognition was more than just legal rights, it represented a shared future grounded in respect and unity.

"It's recognising that this is and always will be Aboriginal land," she said.

"My ancestors were here and their spirit remains.

"We extend welcome and togetherness with everyone who lives here, works here, raises their families here, travels here and shares the wondrous beauty of this Country with us.

"It is your home too and we want to join in unity to protect and respect this great land."

Clarke Creek is centrally located in the BKY claim area, with previously received land rights over three parcels of land there in June 2016. (Image: BKY)

Queensland South Native Title Services chief executive Tim Wishart extended his congratulations to the BKY Native Title Holders.

"It is immensely difficult for Native Title claimants in central and southern Queensland to be able to demonstrate that their society and culture have survived the catastrophic effects of the colonisation process, and have maintained a vibrant contemporary society," he said.

"That is exactly what Native Title claimants are required to do in order to achieve a positive outcome.

"The Barada Kabalbara Yetimarala have done that ... today's outcome is a credit to the BKY people and to the Applicant who have represented them throughout the protracted claim process.

"I am immensely proud of the claimants and dedicated people from QSNTS who have assisted them … and congratulate the BKY People on this historic occasion as Native Title holders of their ancestral lands and waters."

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National Indigenous Times