Always was, always will be…

Eve Jeffery

Yesterday the Federal Court convened at Brunswick Heads to recognise the native title rights of the Bundjalung People of Byron Bay. His Honour Justice Robertson handed down the determination to cheers and tears of joy from over 300 Bundjalung people who gathered for the announcement.

A 25-year journey travelled its last leg early in the morning at the Ironbark campsite in Byron before moving to the Cape, The Pass, and finally coming to rest at the Brunswick River where the court convened before Justice Robertson at Torakina.

There the Byron Bay people, the Arakwal–Bumberbin Bundjalung, had their native title rights recognised.

Native title is the recognition by Australian law that the Indigenous people who were the Traditional Owners of an area prior to 1788 have ongoing rights and interests in land, seas and waters that derive from their traditional laws and customs.

‘This is not a determination of rights. This is a recognition that those rights have always been there.’

After describing the area covered by the title, Justice Robertson spoke about the past and the future. ‘This is not a determination of rights. This is a recognition that those rights have always been there.’

Aunty Dulcie Nicholls spoke to the court early in the morning at the Ironbark campsite.

‘Twenty-five years is a long time,’ she said.

‘We always had to go to meetings and fight. It’s been like forever on this long struggle and now I am happy to be here for my sisters and my family.’

The convoy moved to Cape Byron and heard from Yvonne Stewart Kay, before travelling to The Pass where those gathered listened to Delta Kay talk about that place.

‘An archaeological study was completed at The Pass midden in 1994 after Arakwal elders called for the protection of the site,’ she said.

‘An excavation of an area was dated at over 1,000 years old.

‘Our elders’ stories are proven in the evidence found in the study. This midden is an important link to our past – today our people still gather and eat here.’

The last stop was Torakina, where His Honour Justice Robertson handed down the determination, before more than 300 Bundjalung people who gathered for the announcement.

‘It has been such a long and at times difficult journey, but by working together we have achieved a wonderful result.’

Native Title applicant Stanley Kay expressed his delight at the recognition of native title.

‘I and others were given an obligation and responsibility by the aunties and uncles to stand up and speak for country, to speak for family,’ said Kay.

‘It has been such a long and at times difficult journey, but by working together we have achieved a wonderful result.’

The native title rights and interests will be managed by the Bundjalung of Byron Bay Aboriginal Corporation (Arakwal).

Annette Kelly, Chairperson, said that the Corporation is pleased to be holding the rights and interests recognised in the determination.

‘The determination will allow us to create new opportunities for all Arakwal people, particularly in the areas of jobs and housing,’ said Ms Kelly.

‘The corporation will carry on the legacy of our Aunties and implement their vision of caring for country.’

Native Title applicant Uncle Brian Kelly reminded all present that Byron Bay has a black history. ‘Everyone all over the world will now know that Byron Bay Bundjalung are the right people for this county,’ said Uncle Brian. ‘It is good to be back home walking barefoot on our land.’

‘This recognition will bring benefits not only to the Bundjalung people, but the whole of the community.’

Yvonne Stewart asked that those who had passed away waiting for this day be remembered. ‘This is an important day for us,’ she said. ‘A day we  hoped would have come a lot earlier. A journey our Aunties began and a vision they gave us, the responsibility to fulfil.’

‘This consent determination represents the coming together of two systems of law. It formally recognises the rights we know we have. This recognition will bring benefits not only to the Bundjalung people, but the whole of the community.’

Aunty Dulcie is very pleased with the outcome: ‘It is a nice, very good feeling to have it grow and be finalised.’

Photo Tree Faerie