♦ Budgeram means story in Bundjalung language.
Warning: People viewing some of the pictures in this story need to be aware that some of the individuals may be deceased.
Motivated by the Eddie Mabo case for land rights and the fact that important sites for Aboriginal people were being eaten up by rapacious land development supported by local government, Bandjalang Elder Lawrence Wilson became the prime mover for the original Native Title claims at Evans Head.
Following her father, Uncle Lawrie’ Wilson’s, death in February 2007 his daughter Simone Barker her siblings and other significant players stepped up to the mark to bring his dream to completion 17 years after the Native Title application. It was a tough journey and reflected, to a certain extent, the biases and prejudices of a bygone era but her father’s will prevailed and two major Federal Court Native Title Determination events at Evans Head, one on 2 December 2013, and one this year on April 30.
Both Determinations were landmark decisions for the Bundjalung Nation legally, emotionally, and particularly for the Bandjalang who have had applications for Native Title with the legal system which considers these matters since 1996 when Lawrence Wilson made application for Native Title, Bandjalang Claims #1 & 2.
Lawrence Wilson was a proud ‘Bundjalung Man’ but Native Title Determination was not about him, it was about making sure that the cultural legacy and heritage of the local ‘First People’ was not lost. His legacy is reflected in the independence and determination of Simone who acknowledges his powerful and important role in Aboriginal Cultural History and its preservation.
Simone freely and unprompted acknowledges the contributions of her brothers and sisters to the Determination process by way of evidence giving and attendances at various meetings along the way. Like her father she does not seek the limelight and is more concerned about preservation of culture and history and protection of the cultural landscape which is so prominent at Evans Head in the form of the Dirawong Reserve and many other places including the Iron Gates area.
With Simone’s permission here is her submission to the Federal Court at the hearing in Evans Head on 30 April, 2021:
‘Firstly, I’d like to acknowledge the Elders that have made this native title claim possible.
Without them handing down their stories, ways, and customs to us, this would not be possible. I want to take a moment here first to really pay respect to our ancestors.
This native title determination acknowledges that we are the First People here and that our ancestors thrived on and looked after country. They respected this place. To have this recognition it brings a new age way for us to look after country and continue with our customs but without their legacy we wouldn’t have this native title.
I also have to acknowledge that without Dad starting this off, we wouldn’t be recognised as the traditional owners or custodians of this land.
He was a very proud Bandjalang man first and foremost. But he learnt how to adapt and to work with the non-Indigenous people to make a better future for our People. He made sure to instil into us that even though there are different ways to move forward in the future, you must never ever forget where you come from and who you are. We never forgot that. I’m a proud Bandjalang woman.
I could never do him justice. He stood his ground, always followed the old ways, so strong, never going to think different. A true custodian.
What the native title determination means
For hundreds of years, we had no say about what happened to our land.
We lost lots of sites during those years.
I have a lot of sleepless nights thinking about protecting country. I’m haunted thinking I let my ancestors down by not stopping developments and new roads.
They’ve already destroyed a lot, we’ve lost so much. So what we’ve got left is even more important.
But we have stayed strong and now, native title gives us a say.
Native title recognises that we are the Traditional Owners of Bandjalang Country. This is goanna country, everywhere. It makes me who I am.
As a Traditional Owner, it means a lot to have that formal recognition from the Court.
I want everyone to see no matter who you are what nationality, what culture and looking after country means to us. It doesn’t mean making money and destroying things.
Your Honour, we thank you for convening the Court here in Evans Head today and I join with all the Bandjalang People here today in asking you to make orders recognising Bandjalang People’s native title rights and interests by consent in our country.
Thank you.’
Native Title
A Federal Court Native Title Determination is not about handing over land ‘freehold’ to Aboriginal people. Each Federal Determination spells out what Native Title means in that case and often includes non-exclusive rights to hunt and fish and camp on the land but not to ‘control’ the land. That is an entirely separate matter determined elsewhere under State laws.
It has also moved beyond physical materiality and now recognises ‘cultural landscape’ which may or may not include middens or scar trees. Sadly the NSW State government has failed to act to protect that often ‘intangible’ cultural heritage by abandonment of its Draft Cultural Heritage Bill (2018), or so it would seem. That Bill provided much promise for the protection of Aboriginal cultural landscapes and gave hope to many people. Where is it now?
♦ Simone is an Aboriginal Education Officer at the Evans River K-12 School and a widely acknowledged and respected Traditional Knowledge Holder and Custodian
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