The Guardian 17 May, 2006
Larrakia say they’ll fight
Darwin’s Larrakia people will appeal a Federal Court ruling against their bid for native title recognition in the Northern Territory’s capital.
In Australia’s first case involving a large part of a capital city, the Federal Court dismissed the landmark claim by nine Larrakia families, over 575 sq km of Crown land in Darwin and nearby Palmerston.
Justice John Mansfield found the Larrakia had not maintained a continuous observance of traditional laws and customs since sovereignty.
The Northern Land Council, representing traditional owners, immediately said it would seek to appeal the decision.
More than 150 people packed into the courtroom and outside for the long-awaited decision on the claim, first raised 10 years ago.
The claim covered 250 pockets of Crown land, mostly on the outskirts, including reserves and beaches down to the low-water mark but also land in exclusive Cullen Bay.
The application was vigorously contested by the NT Government and the Darwin City Council.
Justice Mansfield described the Larrakia community as a "vibrant and dynamic society".
However, "a combination of circumstances" had interrupted the presence of the Larrakia people in the Darwin area affecting their continued observance of traditional laws and customs, he said.
"The settlement of Darwin from 1869, the influx of other Aboriginal groups into the claim area, the attempted assimilation of Aboriginal people into the European community and the consequences of... government policies led to ... a significant breakdown in Larrakia people’s observance and acknowledgment of traditional laws and customs", Justice Mansfield said.
"I have therefore reached the conclusion that the present society comprising the Larrakia people does not now have rights and interests possessed under the traditional laws acknowledged ... by the Larrakia people at sovereignty."
Northern Land Council Chief Executive Norman Fry, speaking for the Larrakia involved in the case, said he was extremely disappointed in the decision. "We do believe this has gone against the face of reality", Mr Fry said.
"Everybody in the Northern Territory ... all know who the Larrakia people are. They are not invisible people, they are here. We will be seeking avenues for appeal."
Mr Fry said all people changed over time. "To expect that people would remain stagnant, in some sort of time capsule, is quite silly", he said.
Koori Mail