East Kimberley native title recognised in emotional ceremony

An emotional day unfolded for the Nganjuwarr traditional owners as the Federal Court formally recognized their native title claim over a vast area in Western Australia's East Kimberley.

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I feel so great that I want to jump over this moon, wherever it is, to be free and to do my things.

The ruling grants exclusive rights to over 900 square kilometers of land and waters on Nganjuwarr country, a decision celebrated by approximately 100 traditional owners gathered for the on-country hearing. Lucilla Martin, one of the owners, expressed profound joy, stating, "I feel so great that I want to jump over this moon, wherever it is, to be free and to do my things." However, the long journey to recognition was also marked by sadness, as she reflected on family members who had passed away.

This landmark recognition brings the total native title coverage in the Kimberley region to 97 percent. The Kimberley Land Council, which represented the claim group, highlighted that this decision empowers traditional owners, giving them a stronger voice and a more robust negotiating position with external parties, including government and interested companies.

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It gives us an opportunity to have our voices heard and strengthens our rights and interests.

One such party is Tivan Limited, a minerals company seeking to expand its groundwater extraction for its Speewah Project. Tivan's executive chairman, Grant Wilson, welcomed the decision, noting it builds on the company's existing partnership and ongoing negotiations for an Indigenous Land Use Agreement. Traditional owner Raphael Sampi acknowledged the potential impact of mining on their country but expressed a willingness to engage in dialogue with Tivan to understand and influence their operations.

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The agreement we entered into at the start still governs our process. In parallel, we've been working towards what's known as an Indigenous Land Use Agreement, and that negotiation is ongoing, expected to conclude in the second half of this year.

The formal recognition establishes a clear framework for engagement, ensuring that government and other interested parties must now consult directly with the formally recognized traditional owners.

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I'm going to talk up for the country, find out what they are doing … whatever they are doing, I'm going to be the one there, talking to them.