On Tuesday, native title holders representing an area exceeding 4,000 square kilometers celebrated a significant consent determination regarding their native title rights.
Justice Stephen Burley of the Federal Court expressed that it was a “special privilege” to visit the remote Utopia region, situated approximately 160 kilometers north of Alice Springs, to announce this decision.
One of the native title holders expressed pride in the determination, emphasizing the importance of sharing their cultural heritage with future generations by returning to their ancestral lands.
During the ceremony held on a grassy Aboriginal homeland, Justice Burley, donned in his judicial robes, delivered the ruling to native title holders from eight groups within the Utopia area. He acknowledged the privilege of witnessing their country and addressed the audience primarily composed of members from the Anmatyerr language group.
The native title claim, which includes areas such as Mount Skinner and Woodgreen stations, was submitted in 2023. This determination empowers the traditional owners to access their land, safeguard sacred sites, and engage in cultural practices.
The area in question features diverse landscapes, including mountain ranges, flat lands, and semi-permanent rock holes and springs, predominantly situated within Anmatyerr territory.
According to the Central Land Council (CLC), native title holders have been advocating for acknowledgment of their rights at Mount Skinner Station to gain access to sacred men’s sites and locations significant for cultural grieving, known as sorry business.
Graham Long, a CLC delegate and native title holder from the Utopia homelands, emphasized the determination’s importance for his community, particularly for his children, whom he wishes to introduce to their cultural heritage. “This is our special country, and it holds great significance for us,” stated Long, an Alyawarr man. “We are immensely proud to reclaim our land.”
The determination ceremony occurred within a designated 20-square kilometer section of the broader area, granting native title holders exclusive possession of this land — the strongest form of determination available under the Native Title Act. Additionally, they will retain non-exclusive rights to the remaining territory.
Francine McCarthy, the native title manager for the Central Land Council, noted that the research for this claim began in 2016, which is relatively quick for an application awaiting determination in the Federal Court. “This determination acknowledges the traditional laws and customs of Aboriginal peoples concerning their country, allowing them to practice their traditions and access pastoral leases,” she explained.
Justice Burley remarked that the native title determination exemplified how traditional owners reached a consensus that would prevent “potentially years of legal disputes” with other stakeholders, including the Northern Territory government and pastoralists associated with Mount Skinner and Woodgreen stations. “The court acknowledges your longstanding connection to this land, which dates back to the beginning of time,” he stated.
He highlighted that senior individuals from the claim group were born and raised in the determination area, maintaining a profound connection through activities such as hunting, gathering bush food and medicine, utilizing water sources, and following traditional pathways. “The claimants learned about their land from their elders, with the cultural landscape conveyed through songs and ancestral stories, a practice that continues today,” Justice Burley added.
Romy Carey, chief executive of the Northern Territory Cattlemen’s Association, welcomed the native title consent determination for Mount Skinner and Woodgreen stations, congratulating the native title holders, families, and communities involved. “We acknowledge the connection between native title holders and their Country, and this agreement fosters certainty while promoting respectful and practical relationships between native title holders and pastoralists,” Ms. Carey remarked.
