One of Australia’s most historically significant native titles is among land covering almost 1 million hectares of Cape York that has been handed back to traditional owners.
The 900,000-hectare claim covers an area near where Captain James Cook first made landfall in 1770, and is among three to be finally settled by the Federal Court this week.
The court sat in Far North Queensland on Thursday and Friday to hand down the native title determinations for the Wuthathi, Guugu Yimidhirr, and Yiithuwarra traditional owner groups, who now officially own a sweeping stretch of land, sea, and islands across the eastern Cape York Peninsula.
All generations participated in a traditional Wuthathi dance to mark the day. (ABC Far North: Rosanne Maloney)
Hundreds of families, from young children to elders, gathered for ceremonies in Cairns and Cooktown, where Chief Justice Debra Mortimer officially made the consent determinations.
Native title recognises the rights of Aboriginal and Torres Strait Islander people to the land and waters to which they hold traditional links.
The Wuthathi Captain Billy Landing Area native title determination lands are north-west of Princess Charlotte Bay. (ABC News)
Wuthathi Tribal Elders Council chair Johnson Chippendale paid tribute to the work of his elders.
“Country needs people and people need country. When you’re on somebody else’s country, you don’t feel yourself. But when you’re back on country, all your pain, all your worry going,” he said.
“Every time I get up to country, I’m like a bird, free.”
Johnson Chippendale says the Wuthathi will continue to fight for their country and culture. (ABC News: Rosanne Maloney)
He said his people fought sand mining on the land from the 1960s.
“Wuthathi will continue to fight for what is our right land and sea country,” he said.
“We will continue to exist and practise our culture.”
The Yithuwarra and Guugu Yimidhirr native title determination covers about 900,000ha on Cape York. (ABC News: ABC Graphics)
Yiithuwarra traditional owner and native title claimant Des Rumble said the moment was overwhelming because it marked the end of a fight that had spanned generations.
“It’s unbelievable to think that, through all the years, a lot of the old people that have been fighting for this moment, their determination of their … rights to country now has finally gone through the process,” Mr Rumble said.
As traditional dances took place and speeches were given from organisations involved, Mr Rumble said there were mixed feelings.
Des Rumble says Thursday was a “happy, joyous day”. (Supplied: Cape York Land Council/King Rivera)
While it was a “happy, joyous day”, he said there were many who were unable to be there because the process took so long.
“A lot of the old people who started the battles, a lot of them are gone now because this process has been going well over 10 years now,” Mr Rumble said.
“A lot of people here [are] reflecting on their grandparents, their great grandparents, their parents and all the work that they’ve put into arriving at this very important day.”
Richie Ah Mat says the Guugu Yimidhirr people’s land was stolen by Captain James Cook. (ABC Far North: Christopher Testa)
Cape York Land Council acting CEO Richie Ah Mat, a Wuthathi traditional owner, said the decision was long overdue.
“The Guugu Yimidhirr people from Hope Vale — whose land was stolen from them by Captain James Cook — they weren’t asked to give the land away, it was just taken from them,” Mr Ah Mat said.
He said traditional owners had waited more than 100 years for legal recognition.
“It’s a massive thing to get your country back,” he said.
Young people have also been involved in the Guugu Yimidhirr and Yiithuwarra native title determinations. (Supplied: Cape York Land Council/King Rivera)
Giving back what was stolen
The 48 days in 1770 that Captain James Cook and his crew spent repairing the Endeavour on Guugu Yimidhirr lands, in modern-day Cooktown, is regarded as the first prolonged contact between the European explorers and Aboriginal people.
Years of violence and displacement in the region followed.
Cape Melville National Park is within the Yiithuwarra Native Title determination. (DETSI: Roger James)
Mr Rumble said his grandparents were forcibly removed from their homelands near Princess Charlotte Bay and taken to Palm Island. Others were taken to communities including Woorabinda, Cherbourg, and Yarrabah.
“They lived there, worked there and were buried there,” he said.
“But we’ve always known this was our country, we just needed it recognised in law.”
Cooktown is at the south-eastern end of the Guugu Yimidhirr native title determination area. (ABC News: Brendan Mounter)
Mr Rumble said Thursday’s decision meant future generations could visit, teach and care for their land without fear.
“Today that unsureness gets wiped out,” he said.
“They can go to country anytime and continue that unbroken connection.”
Rickii-Lee Woibo hopes traditional owners will benefit economically from the decision. (Supplied: Cape York Land Council/King Rivera)
Guugu Yimidhirr traditional owner Rickii-Lee Woibo said the future of the land would start now.
“The land, I’m hoping, will create economic development and empowerment,” she said.
“I’m hoping that today really looks to the future and what the land can actually bring for our future generations.”
Cape Melville falls within the Yiithuwarra determination area. (Supplied: Conrad Hoskin)
Waiting since 2014
This week’s three Federal Court determinations are part of dozens of traditional owner group claims, which fall under the Cape York United Number One Claim, lodged with the Federal Court in 2014.
By the end of this week, 30 native titles will have been determined.
Mr Ah Mat expects the entire claim, and all of Cape York, to be settled by the end of 2026.
Michelle Cioffi expects more native title victories next year. (Supplied: Cape York Land Council/King Rivera)
Cape York Land Council principal legal officer Michelle Cioffi expects the Eastern Kuku Yalanji and Western Yalanji groups to next receive native title in the middle of next year.
“The fight isn’t over yet, and indeed it doesn’t actually stop here,” she said.