Wik legislation verified

The Federal Court's recent determination that native title applies to 
6000 square kilometres of land at Cape York has been greeted with delight 
by indigenous leaders and local native title holders, the Wik people.

The area was part of a 30,000 square kilometre claim by native title 
holders which had been delayed in a series of court battles lasting over a 
seven-year period, the most recent lasting five years.

The court judgement was highly critical of the length of time taken to 
resolve the matter.

The Chairman of the Aboriginal and Torres Strait Islander Commission 
(ATSIC), Geoff Clark, said that it was important to realise the historic 
significance of the decision.

He commented: "It is important to note that the original Wik native title 
claim commenced as a common law action in June 1993, after the Mabo 
decision but before the original Native Title Act was proclaimed."

The determination recognises the rights of native title holders, the state 
and federal governments and the local fishing industry. In particular, it 
confers "possession, occupation, use and enjoyment of the land" on the 
native title holders and also recognises their right to "uphold, regulate, 
monitor and enforce" their customary laws.

Unless the matter is challenged in the High Court, the determination will 
clear the way for the Wik people to establish their own cattle range, a 
long-held ambition of local elders and the community.

The decision allows the Wik people to use the resources of the local 
waterways, but limits this to non-commercial uses.

Nevertheless, the Chief Minister of the Northern Territory has held lengthy 
discussions with the Prime Minister John Howard, to persuade him to further 
amend the federal Aboriginal Land Rights (NT) Act to restrict use of 
coastal waters by Aboriginal communities.

The Federal Government is said to be preparing a plan for legislation 
which, despite the objections of ATSIC and others, would considerably 
weaken sacred site and land claims, particularly regarding access to, and 
exploitation of, the teeming waters of the Northern Territory coastline.

Mr Clark said that governments and sections of primary industry portrayed 
native title as a cancer that had to be removed.

Nevertheless, he congratulated the Wik people on their success, noting that 
"the agreement they have reached with other interest holders should be 
looked at as a model for all parties involved in native title claims. It is 
in everyone's interests to see native title matters resolved on the basis 
of negotiation, rather than through expensive litigation."