The Esperance Nyungar native title claim, which mainly affects unallocated crown land around Esperance, has for the second time passed the rigorous registration test required under the Native Title Act.

An application to amend the claim was made earlier this year to cater for a number of changed circumstances since the claim was registered in 1999, including the replacement of deceased applicants. The amendments were approved by the Federal Court but the changes meant that the Native Title Tribunal (NNTT) had to re-apply the registration test.  

Registration was accepted on 25 June 2009 by the NNTT. The claim is represented by the GLSC.  

“Whilst we were very confident the claim would again pass the test, it is nevertheless pleasing to have it confirmed. Esperance Nyungar people have very strong ongoing connection to their traditional lands for traditional cultural purposes,” CEO Brian Wyatt said.  

"The registration is an important step towards having the native title rights and interests of the Esperance Nyungar people fully recognised.” 

The claim’s registration brings to two the number of claims prepared by the GLSC and registered in the Goldfields-Esperance region in the past three months. The Mantjintjarra Ngalia #2 claim in the north-east Goldfields was registered by the NNTT on March 31.  

“Aboriginal people across Goldfields-Esperance should be heartened by this development – the GLSC’s approach with preparation and ongoing management of their claims is meeting the rigorous requirements of the Native Title Act for registration of claims.  

"As with all claims managed by the GLSC, we will be alert to opportunities for settling the Esperance Nyungar claim outside of the court process through a mediated or negotiated settlement, and we urge the State Government in particular to pursue this option with vigour.

“The recent amendments and the re-registration means that the claim is now in good shape for resolution by way of a negotiated outcome,” Mr Wyatt said.  

The registration also means that the Esperance Nyungar people have retained procedural rights available to them under the Act, including the right to negotiate future act proposals.  

Media Contact:  Brian Wyatt 0417 970413;   David Berry (08) 9263 8715, 0417 963089   This & other GLSC media statements available at http://www.glc.com.au