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Kooma People’s Native Title Consent Determination
Proud Kooma People, Wayne “Coco” Wharton with his sister, Patricia Leavy and QSNTS CEO, Kevin Smith, at their Native Title Determination in Bollon, south-west Queensland. Inset: Federal Court Judge. All images: Rhonda Hagan
by QSNTS and Stephen Hagan 26 June 2014
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remote sitting of the Federal Court of Australia at Bollon marked the successful resolution of the Kooma People’s claim for Native Title with a consent determination hearing yesterday. The hearing was a special sitting of the Court held on Kooma country in south-west Queensland. “I was born and bred in Bollon and being in my eighties I won’t be around for another eighty years, so this special day is for all you young ones here today,” Kooma Elder
Mick Speedy said to a crowd in excess of 200 people who travelled to Bollon from communities as far afield as Gladstone and Woorabinda in Central Queensland to Lightning Ridge and Byron Bay in New South Wales. The determination of Native Title was a formal recognition by the Federal Court of Australia, reached by consent of all parties, that the Kooma People hold Native Title rights and interests over what they have always known to be their traditional lands and waters. Queensland South Native Title Services (QSNTS) provided
assistance to the Kooma People for their claim and QSNTS lawyer, Peter Bishop, appeared at the hearing on their behalf. The Kooma People’s determination spans an area approximately 2,950 square kilometres in the south-west region of Queensland, and falls within the Maranoa, Balonne, Murweh and Paroo local government regions. The determination area includes the Bendee Downs and Murra Murra pastoral properties, and other areas around Bollon, bordering the town of Wyandra at the north-west, spanning south to the Culgoa River,
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and east-west from Wideegoara Creek to Belingra. Balonne Shire Mayor Donna Stewart told the gathering she was “absolutely delighted to be invited to speak to Kooma People on their important day”. “I remember speaking to Cheryl Buchanan some time ago about placing a public sign up saying ‘you’re entering Kooma Country’ and now that the determination today confirms your boundary, I’m happy to announce that we will be putting up that special sign for all you Kooma people to see when you drive through your country,” Mayor Stewart said. This area is of strong cultural, spiritual and historical significance for the Kooma People, and has been the focus of the Kooma People’s 18-year struggle for Native Title recognition. The Kooma People’s first Native Title determination application was filed in the Federal Court of Australia in 1996, but was unfortunately dismissed. In 2007, after QSNTS took carriage of the claim, the application was split into two for administrative purposes: Part A and Part B. Part A is the area subject to the Native Title consent determination hearing. The current claim was filed on 18 November 2011, and was accepted for registration by the National Native Title Tribunal on 2 April 2012. Later that year, on 20 December 2012, the State of Queensland indicated that it was prepared to proceed with negotiations towards a consent determination. The respondent parties include three Shire Councils, the State of Queensland, Telstra Corporation, and 13 pastoralists. Reaching a consent determination has been a lengthy process and included negotiations with each respondent party to reach agreement on the contents of the determination. Negotiations also resulted in agreements to
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Kooma applicants Grace Weatherall and Mick Speedy
implement Indigenous Land Use Agreements (ILUAs), which support the co-existence of the rights and interest held by each of the parties involved. The Applicant was not in a position to enter into ILUAs with the State and respondent pastoral parties prior to the consent determination. It was therefore decided that the Kooma People’s Prescribed Body Corporate will enter into land use agreements following the consent determination. For the Kooma People, achieving
a Native Title determination guarantees protection of their rights and interest in their traditional land and waters. The Kooma People will be formally recognised for all time as the Traditional Owners of the area, and their traditional Native Title rights will be recognised and protected. Wayne ‘Coco’ Wharton, former Kooma Chairman, acknowledged the road to his people’s determination had been a long one and one fraught with many political pitfalls. “When you’re fighting against
Kooma man, John John Mitchell from Cunnamulla, listens to the Native Title Determination in a packed Bollon Community Hall
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Kooma dancers (above left), Tallara Brown (above) and Cheryl Buchanan leading the Kooma women dancers (below).
other black leaders with hidden agendas to divert limited native title resources into their own land claims this day means a lot to me personally to see us achieve this milestone against the odds,” Coco said. “Now we can get on with our real business of protecting our country and sharing our culture with the young ones through camps on Murra Murra and Bendee Downs.” This determination will protect both exclusive (Kooma People only) and non-exclusive rights (where the land may be used by different parties on agreed terms). The nature and extent of the rights and interests contained within the Kooma People’s NTDA include the following exclusive and nonexclusive rights: Murra Murra and Bendee Downs Pastoral Stations - The exclusive rights to (other than in relation to Water): • possession, occupation, use and enjoyment of the area to the exclusion of all others. Murra Murra and Bendee Downs
Cowboy Collis (far left) and Glen Skuthorpe (second from right) with friends and relatives at the site of the Bollon Yumba.
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Pastoral Stations - In relation to Water, the non-exclusive rights to: • hunt, fish and gather from the water of the area; • take and use the natural resources of the water in the area; and • take and use the water of the area; • for personal, domestic and non-commercial communal purposes. A determination granting exclusive rights to these Pastoral Stations to the Kooma People bestows the significance of there being both Native Title holders and owners of these pastoral properties, which were previously held in trust on their behalf. This enables the opportunity to create and provide their own economic opportunities. Areas other than Murra Murra and Bendee Downs Pastoral Stations - The non-exclusive rights to: • access, be present on, move about on and travel the area; • camp, and live temporarily on the area as part of camping, and for that purpose built temporary shelters; • hunt, fish and gather on the land and waters of the area for personal, domestic and non-commercial communal purposes; • take and use Natural Resources from the land and waters of the area for personal, domestic and non-commercial communal purposes; • take and use the Water of the area for personal, domestic and non-commercial communal purposes; • conduct ceremonies on the area; • be buried and bury Native
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Title holders within the area; • maintain places of importance and areas of significance to the Native Title holders under their traditional laws and customs and protect those places and areas from physical harm; • teach on the area the physical and spiritual attributes of the area; • hold meetings on the area; and • light fires on the area for domestic purposes including cooking, but not for the purpose of hunting or cleaning vegetation. For the Kooma people the recognition of Native Title is testament to their enduring efforts over the last 18 years. This achievement has been welcomed and celebrated widely throughout the community. Brad Saunders, Gungarri Aboriginal Property Association Native Title Coordinator and Leader, speaking to the Kooma People, said despite the boundary that “looks like a lightning bolt” that separates Kooma and his tribe to the east they have a lot in common. “We share language and ties through marriage, as well as dance and other cultural similarities and that gives the Gungarri and Kooma people a special bond,” Mr Saunders said. With the small township of Bollon doubling in size with the arrival of Kooma People to their determination, it was an important day to make family connections for many who haven’t seen each other for years and for some who have never met those related to them before. Philip Collins who drove up from Byron Bay in New South Wales
was happy to meet relatives. “I was never going to miss this important day and despite the long trip from Byron, I’m so pleased to see all my cousins making an effort to come here too,” Mr Collins said. “I’ll now go on to Cunnamulla and catch up with the rest of the mob who couldn’t make it today, whilst I’m up this way.” John John Mitchell who drove his bus full of Kooma People from Cunnamulla said the determination meant a lot to his people. “A lot of the young ones don’t know a lot about native title but after seeing all the dancers and listening to the old people speak today, they have learnt a lot,” Mr Mitchell said. Renowned bush tucker chef Dale Chapman, from the Sunshine Coast, said the long trip to Bollon from her home base was worth it. “It took forever to get here,” Ms Chapman said. “But it was worth it just to see the pride in our Elders faces and the wonderful smiles on all the little kids running around.” A special part of the celebrations was the dances performed from Kooma adults and children, 20 strong. Skye Manthey who made the trip with her children from Gladstone had special reason to celebrate. “My big boy Dharel and daughter Tallara danced with all their cousins and it brought a tear to my eye to see them dance with such pride,” Ms Manthey said. Specially designed T-shirts to commemorate the Kooma Native Title Determination were handed out to Kooma People in attendance with the name of their Apical ancestors: Kitty of Bollon; Sarah of Fernlee; Mary Button of Murra Murra; Susan Mitchell; Annie Murray; Julia Powell; Maggie of Bendena and Lucy Sheridan.