The Federal Court’s recent granting of extra time for the Wongatha native title claimants to consider whether or not they will appeal the judgement of Justice Lindgren delivered on 5^th February is very welcome.

In response to a request from the GLSC, on behalf of the claimants, Justice Lindgren on Monday confirmed that the appeal time would be extended from the standard 21 days to 60 days.  

Justice Lindgren yesterday also ordered an interim extension to 13^th March for when the National Native Title Tribunal (NNTT) might remove from the Register of Native Title Claims the Wongatha and Wutha claims. Both claims were affected by the judgement of 5^th February.  

The order was in response to an application by the GLSC for an injunction preventing the NNTT from delisting the claims. With their claims still on the register, the Wongatha and Wutha people have retained their right to negotiate with regard to proposed developments on their land for the time being.  

“Should the right to negotiate not be extended beyond 13^th March, the people will be denied the only means they have for drawing any significant benefit from their traditional land. It would mean that applications for mining and exploration activities could proceed without having to check with traditional owners,” said Executive Director Brian Wyatt .  

While the judgement on 5^th February dismissed the Wongatha and other native title claims on technical grounds, it did not find that that there was no native title over the area claimed. Applications by the State and Commonwealth governments that no native title exists were rejected.  

“The 5^th February judgement was a puzzle to most observers of native title and the time extensions are necessary for both assessing the merits of an appeal and for consulting with the claimants who live across a very large area of country.  

“Irrespective of future developments with respect to appeals, the people from within the Wongatha claim area know in their hearts that these are the lands of their forebears from before European settlement and will always be their lands,” Mr Wyatt said.  

Media Contact: Brian Wyatt 0417 970413; David Berry  0417 963089   9263 8715)