J. F. Kildea - Memorial of First Native Title Determination under Native Title Act 1993 in favour of Dunghutti People in respect of Land at Crescent Head New South Wales on 7 April 1997, with associated papers, 1996-1997

MLMSS 6494

fonds

1996 - 1997

153296

1 folder - 0.02 Meters
Textual Records - (computer printouts)
Textual Records - (typescript)
Textual Records - (typescript, photocopy)

The following is taken from information supplied to the Library by J. F. Kildea:
On 7 April 1997 Mr Justice Lockhart of the Federal Court of Australia, sitting at Queen's Square, Sydney, made the first determination in Australia under the Native Title Act of the existence of native title. The Court's determination was made with the consent of the State and of residents of Crescent Head who at the time of the hearing were parties to the proceeding. The terms of the judge's determination are recorded in the memorial.
After the hearing in the Federal Court, a commemorative ceremony was held at the offices of the National Native Title Tribunal (NNTT), 25 Bligh Street, Sydney. Details of the Court's determination were entered into the Native Title Register pursuant to s. 197 of the Act. This was followed by speeches and the ceremonial handing over of a printout of the register entry to Ray Kelly, an elder of the Dunghutti people. Those present were then invited to sign the memorial. There then follows a further 72 signatures mostly of Dunghutti people including, at the outset, a number of elders.
Also enclosed is a copy of the deed of agreement dated 9 October 1996 between Kimberley Maxwell Yeadon, the Minister for Land and Water Conservation, for and on behalf of the State of New South Wales, Mary-Lou Buck on behalf of herself and the Dunghutti people, and the New South Wales Aboriginal Land Council. The deed of agreement is of historical significance in that for the first time in the history of Australia the Crown recognised the native title of an Indigenous people and entered into an agreement to acquire land from them. Under the agreement, the State agreed to acquire all of the native title rights and interests of the Dunghutti people in the designated land and to pay them compensation for those rights and interests.
As a result, the State was able to continue with the development on the land of a residential subdivision which had commenced prior to the Native Title Act but which could not proceed without complying with the 'right to negotiate' procedures of the Act. With the assistance of the NNTT, the State and the Dunghutti people were able to reach an agreement which provided much needed financial resources to the local Aboriginal community while allowing the subdivision to proceed for the benefit of the whole community of Crescent Head.
J. F. Kildea appeared in the Court proceeding as junior counsel for Mary-Lou Buck (on behalf of the Dunghutti people) and for the New South Wales Aboriginal Land Council.