Thursday 31 August 2017

The persistence and quiet dignity of the Yaegl community in their long struggle to achieve Native Title over traditional land and waters has seen Part B of Yaegl People #2 claim determined in their favour


Map showing Native Title area surrounding Dirrangun

ABC News, 31 August 2017:

History has been made on the New South Wales north coast today with the granting of a native title claim over the ocean.

The Yaegl people of the lower Clarence first started native title proceedings more than 20 years ago and two years ago the land was granted but now, for the first time in NSW, their rights to a stretch of sea have also been recognised.

The claim involves more than 90 kilometres of coastline between Woody Head and Wooli and extends 200 metres out to sea.

The decision means native title holders cannot be prohibited or restricted from carrying out fishing for personal, non-commercial needs.

It does not affect commercial fishing operations or public access to beaches.

What does this native title allow?

The right to access, traverse and remain on the ocean
The taking, using, offering, sharing and exchanging of resources in the area for non-commercial purposes
The right to maintain and protect places, objects and areas of importance under traditional laws and customs
The right to be accompanied by others on those areas

Claimant spokesperson and Yaegl man Billy Walker said the granting of native title means freedom and independence for the Yaegl people.

"The Yaegl people can proudly say I'm going to go fishing, I'm going to go worming. I'm going to go and get pippies," he said.

"I'm going to do what I can on the foreshores and out at sea without anybody looking over our shoulders telling us what to do and what we can't do.

"It's … a very historic day not only for the Yaegl people but also sets a precedent for other claim groups up and down the east coast of NSW."

Mr Walker said the result gave protection to the Dirrangan reef, at the mouth of the Clarence, which "we've always wanted to protect from day one".....

NTS Corp, the native title provider in NSW, said the Yaegl people will continue to self-regulate their fishing to ensure the sustainability of the fisheries as they have for thousands of years.

Note:

Part B of Yaegl People #2 was resolved by consent determination on 31 August 2017. The applicants on behalf of the Yaegl People were Lillian Williams, Ron Heron, Vivienne King, Eileen Mcleay, Judy Breckenridge, Deidre Ann Randall, William Walker, Noeline Kapeen, Ferlin Lee Laurie, Clarence Randall, Ken Laurie. View orders  with all four maps.

The Yaegl Traditional Owners Aboriginal Corporation RNTBC has consented in writing to hold the rights and interests comprising the native title in trust for the common law holders and to perform the functions of a registered native title body corporate under the Native Title Act 1993 (Cth)

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