Native title claimants in the West Kimberley region of Western Australia are sitting at the table with Local Government, following the establishment of a unique agreement which has laid the groundwork for reconciliation. In March 2004, the Nyikina and Mangala people and the Shire of Derby-West Kimberley signed the agreement setting out steps for negotiating native title issues as well as community concerns about the delivery of Local Government services.
The landmark agreement set out the process for developing an indigenous land use agreement (ILUA) over 27,252 square kilometres where the Nyikina and Mangala people are seeking recognition of their native title rights and interests.
Shire of Derby-West Kimberley President Elsia Archer said the process of the negotiations gave the Nyikina and Mangala people an opportunity to canvass broader issues of importance to them, which were not limited to native title and land use.
“There was a real broad range of expectations from the Nyikina and Mangala people relating to what the agreement should encompass,” Cr Archer said. “The elders in the community were interested in job creation, the recognition of their people as traditional owners and, where appropriate, consideration in the future decision making processes of Council.”
In light of these concerns, the agreement also set up a process for the development of future agreements and cooperative working relationships about cultural and community matters and the delivery of services to Indigenous communities.
“The agreement points out particular matters of importance to the Nyikina and Mangala and ensures that the Shire is aware of those issues and can go about addressing them in the future.”
To progress the negotiations towards the development and implementation of an ILUA, a working group was established, comprising Shire staff, up to three Shire Councillors, members of the Nyikina and Mangala people and representatives of the Kimberley Land Council. Issues relating to land usage, including town and district planning schemes, capital works and infrastructure and management of reserves were included in the negotiation of the ILUA.
Cr Archer said the goodwill and cordial relations between the Shire and the native title claimants were the key to the success of the negotiations.
The Nyikina Mangala people lodged their native title claim with the Federal Court in 1999. It was a combination of several claims that the group had lodged in 1995. The Federal Court referred the claim to the National Native Title Tribunal for mediation in 2000. In consultation with the Kimberley Land Council, which represents the traditional owners, the Tribunal met with the Shire in 2002 to initiate talks about progressing negotiations towards the development and implementation of an ILUA. All parties met for the first time in February 2003.
The Shire will make a decision on whether to endorse the final version of the ILUA in the near future.
