Native Title Consent Determination Hearing.
Cobar’s Newey Reserve was chosen to host a Federal Court native title hearing last Wednesday.
Descendants of the region’s traditional owners of the Ngemba, Ngiyampaa, Wangaaypuwan and Wayilwan groups gathered to hear Justice Melissa Perry hand down a determination recognising their native title rights and interests in various parcels of Crown land and waters in central west New South Wales.
The determination extends from the Barwon River in the north, to the Lachlan River in the south, Castlereagh River in the east and Ivanhoe in the west.
Her Honour’s judgment concludes a 12-year Court case and recognises various native title rights including the right to hunt, fish and gather resources, the right to access and camp on land and right to protect places of cultural and spiritual importance on Crown Land.
The majority of attendees were thrilled with the ruling and clapped and cheered at the conclusion of the proceedings.
However one small group of Ngemba women loudly voiced their objections throughout the court proceedings shouting they were not in favour of being grouped in with the other traditional owners.
“We stand as one tribe, Ngemba, not four tribes,” they said and called for the determination consent to be halted.
One of the applicants, Cobar’s Elaine Ohlsen, a Ngiyampaa Elder, had the honour of welcoming the attendees to her traditional lands.
Elaine said it has been a long journey since the claim was first filed in 2012.
“We’ve been through a lot of trials and tribulations to get here, but I’m someone who won’t give up fighting for our People,” she said.
The judgement was based on evidence presented to the State Government and Court that demonstrated Ngemba, Ngiyampaa, Wangaaypuwan and Wayilwan People’s continuous and unbroken connection to their Country from before colonisation until present day.
The group were represented by NTSCORP whose Chairperson, Michael Bell, spoke about the growing number of native title determinations in NSW.
“Today’s determination is the 19th in New South Wales and the first in central west New South Wales.
“We expect to see many more successful claims across the State in the coming years.
“We’re doing everything we can to accelerate the shift within Government and the wider community who are starting to realise they have nothing to fear and everything to gain from working collaboratively with native title holders,” he said.
The native title holders have formed the Ngemba, Ngiyampaa, Wangaaypuwan Wayilwan Aboriginal Corporation (NNWW Corporation) to manage their rights.
Approximately half of NSW is currently under native title claims.
Native title rights and interests may include rights to: access an area for traditional purposes, like camping or to conduct ceremonies and spirtual activities; visit, protect and maintain important places and sites; hunt, fish and take natural resources and water; and teach law and custom on traditional Country.
Recognition of native title will not change who owns and manages the lands. Native Title rights do not affect freehold land.
