Landmark deal sealed with handback of Tjiwarl land

David Prestipino
David Prestipino Published October 31, 2024 at 6.00am (AWST)

The importance of Indigenous land rights and self-determination have been celebrated as government ministers joined Tjiwarl people in Western Australia's northern Goldfields for the handback of the first parcel of land to Native Title holders.

The gathering at the stunning Tjiwarl (Logan Spring) location was to commemorate the transfer of land from the State to Tjiwarl Native Title Holders, under the historic Tjiwarl Palyakuwa (Agreement) reached with the Western Australian Government in May 2023.

The handback of the first parcel to Tjiwarl people, as freehold land with underlying Native Title retained, has led to the creation of the Tjiwarl Land Estate.

The joint vesting and management of the Wanjarri Nature Reserve, and establishment, joint vesting, and management of the Yeelirrie Lake Mason National Park – conditions reached under the Palyakuwa – were also celebrated at the event.

Tjiwarl chairperson Brett Lewis said the transfer was highly significant.

"This place is spiritually important and the namesake of the corporation that holds Native Title on behalf of our people," he said.

The landmark settlement agreement with the State means the Tjiwarl community can continue securing land (freehold and other) into the Tjiwarl Land Estate for purposes including cultural obligations, conservation, connection to Parna (land) and economic empowerment.

"A deep spiritual connection exists, rooted in the Parna (land) … There is an unbroken relationship where the health of the land reflects the health of its people (custodians), and vice versa," Mr Lewis said.

"When the land is cared for, and protected, our people's mental, physical, and spiritual health is good."

Aboriginal Affairs minister Tony Buti, with WA ministerial colleagues Reece Whitby and John Carey at the event. (Image: Supplied)

Aboriginal Affairs minister Tony Buti, with WA ministerial colleagues Reece Whitby and John Carey at the event. (Image: Supplied)

Aboriginal Affairs minister Tony Buti was in attendance, alongside ministerial colleagues Reece Whitby and John Carey, with the trio telling the gathering the land handover was a milestone event and hugely significant.

Tjiwarl Aboriginal Corporation (TAC) and the WA Government reached the historic settlement for three Native Title compensation claims in May 2023, after 18 months of settlement negotiations through Federal Court mediation.

The claims against the State, filed in 2020, were test cases for historic compensation relating to impact to culture and heritage within the now determined Tjiwarl area.

The settlement provided certainty for Tjiwarl, the State Government and industry on how tenure, heritage, and environment was managed within the Native Title determination area.

"We are hopeful it provides a foundation to guide other Native Title groups to reach similar outcomes," TAC chief executive officer Greg Ryan-Gadsden said after the settlement.

The WA government said the Palyakuwa showed both parties were committed to negotiating positive outcomes for Tjiwarl people.

"This agreement is testimony to the commitment of both the government and the Tjiwarl people to work together, and continue an ongoing relationship and dialogue built on a strong foundation of agreement-making," they said.

The Tjiwarl Palyakuwa

The agreement provides compensation to the Tjiwarl Native Title Holders for the effect of various acts by the State on their Native Title, including: monetary compensation of $25.5 million; funding for a socioeconomic baseline study; the transfer of ownership of land parcels to Tjiwarl, including the grant of freehold preserving Native Title rights and a process for any future grants of land; and the creation and expansion of the Tjiwarl Conservation Estate, including the joint management and joint vesting of the Tjiwarl Conservation Estate, with Tjiwarl AC contributing to the delivery of the government's Plan for Our Parks initiative.

The Palyakuwa also provides the recognition of exclusive Native Title rights under s.47C of the Native Title Act 1993 (Cth) within the Tjiwarl Conservation Estate; the involvement of Tjiwarl in the ongoing management of water on Tjiwarl country, including processes with respect to the assessment of licences under the Rights in Water and Irrigation Act 1914 (WA); Tjiwarl specific future act processes for the grant of certain mining tenements and petroleum titles on Tjiwarl country; support and funding to unlock economic opportunities for Tjiwarl Native Title Holders, such as procurement and contracting, sandalwood and carbon initiatives; and support for the recognition or protection of Tjiwarl Native Title Holders' languages, culture, heritage and history, including with respect to place names, cultural materials and Indigenous cultural and intellectual property.

- with Giovanni Torre

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