A win for native title holders and pbcs across australia
Karajarri Traditional Owners at the hearing in Perth on Friday, 23 August 2024.
A Win for Native Title Holders and PBCs Across Australia 👏🏾
The Kimberley Land Council (KLC) and Karajarri Traditional Lands Association (KTLA) are proud to announce an important victory for native title holders and Prescribed Bodies Corporate (PBCs) in the Kimberley and across Australia.
On 24 September, the Chief Justice of the Federal Court delivered a precedent-setting decision that enables PBCs and Traditional Owners to document the knowledge and firsthand experiences of elders for future compensation claims, even if those claims have not yet been initiated. This landmark ruling significantly strengthens the position of PBCs in potential future compensation cases.
KLC Chair Anthony Watson reflected on the importance of this outcome, emphasising the need to protect the knowledge of our Elders.
“The KLC has been deeply concerned over the years as we have seen many of our Elders pass away. They are our last living libraries, and we must create pathways to ensure their knowledge is preserved for future generations.
Under the Native Title Act, there is a right to compensation, and if we fail to document the first-hand experiences of our Elders, that right may be lost.”
In the decision, the Chief Justice acknowledged that native title holders should not be hindered in presenting their strongest evidence simply because the native title system is complex and slow.
“In compensation proceedings, it is the personal testimony of those who have suffered damage and harm that will be most persuasive and effective. The applicant, along with the Karajarri common law holders it represents, should not be at a disadvantage in presenting the best evidence due to the complexities of the Native Title Act and what is required before a proceeding can be responsibly commenced.”
The KLC acknowledges the Elders of the Kimberley and those who have passed. Our Elders are the giants on whose shoulders we stand.