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93-542: For an example of changing historical perspectives, in 1991, largely genetic evidence indicated that some prominent Eucalyptus species were actually more closely related to Angophora than to other eucalypts; they were accordingly split off into the new genus Corymbia . Although separate, all of these genera and their species are allied and it remains the standard to refer to the members of all seven genera Angophora , Corymbia , Eucalyptus , Stockwellia , Allosyncarpia , Eucalyptopsis and Arillastrum as "eucalypts" or as

186-530: A Wiradjuri man from Cowra, New South Wales , commenced an action in the High Court of Australia arguing that Aboriginal people retained rights to land as an Aboriginal nation or nations existed pre-settlement and continues to exist, and that their land had been taken by conquest rather than by settlement. The court held in Coe v Commonwealth (1979) that no Aboriginal nation holds any kind of sovereignty , distinguishing

279-553: A bundle of rights , which may be extinguished one by one, for example, by a mining lease. In this case, the lease did not confer 'exclusive possession', because the claimants could pass over the land and do various things. But some parts of native title rights were extinguished, including the rights to control access and make use of the land. The claim was remitted to the Full Court of the Federal Court to determine in accordance with

372-582: A treaty that would allow the Yolŋu to operate under their own traditional laws . In 2013–14, the entire region contributed around A$ 1.3 billion or 7 percent to the Northern Territory's gross state product, mainly through bauxite mining . In 2019, it was announced that NASA had chosen Arnhem Land as the location for a space launch facility , the Arnhem Space Centre . On 27 June 2022, NASA launched

465-486: A veto over development, and nor does it grant land, as the Aboriginal Land Rights Act (ALRA) does. National Native Title Tribunal definition: [Native title is] the communal, group or individual rights and interests of Aboriginal people and Torres Strait Islander people in relation to land and waters, possessed under traditional law and custom, by which those people have a connection with an area which

558-578: A "die on the vine" plan that will "slowly but surely" kill indigenous culture. Born in the 1930s, Dr. Gawirrin Gumana AO was a leader of the Dhalwangu clan , renowned for his artwork and knowledge of traditional culture and law. In May 2009, he had the following to say about the significance of the homelands to his people: Despite facing government concerns and policy confusion, a number of people have developed commercial enterprises that have centred on using

651-585: A 2020 feature film directed by Stephen Maxwell Johnson , based on historical fact and reflecting the history and culture of Yolngu people, was filmed in Arnhem land. The Aboriginal community of Yirrkala , just outside Nhulunbuy, is internationally known for bark paintings , promoting the rights of Indigenous Australians , and as the origin of the yidaki , or didgeridoo . The community of Gunbalanya (previously known as Oenpelli ) in Western Arnhem Land

744-611: A ceremony in the desert attended by Maralinga Tjarutja leader Archie Barton , John Bannon and Aboriginal Affairs Minister Greg Crafter . This granted rights over 75,000 square kilometres (29,000 sq mi) of land in the Great Victoria Desert , including the land contaminated by the British nuclear weapons testing at Maralinga . Mabo v Queensland (No 2) (1992) was the foundational case for native title in Australia. In 1992

837-531: A determination, Prescribed Bodies Corporate are entered onto the NNTR. At this point, the corporation becomes a Registered Native Title Body Corporate (RNTBC). On 1 July 2011, the 160 registered determinations of native title covered some 1,228,373 km (474,277 sq mi) (approximately 16 per cent) of the land mass of Australia; and registered Indigenous land use agreements (ILUAs) covered about 1,234,129 km (476,500 sq mi) (about 16 per cent) of

930-582: A full sitting of the Federal Court and then to the High Court of Australia . The National Native Title Tribunal (NNTT), established under the Native Title Act 1993 , is a body that applies the "registration test" to all new native title claimant applications, and undertakes future act mediation and arbitral functions. The Attorney-General's Department advises the Australian Government on legal and legal-policy regarding on native title, and assists

1023-583: A historical expedition. The coin was found near previously known Makassan trepanger fishing sites where several other Dutch coins have been discovered nearby, but never a Chinese coin. The coin was probably made in Beijing around 1735. In 1884, 10,000 square miles of Arnhem Land was sold by the colonial British government to cattle grazier , John Arthur Macartney . The property was called Florida Station and Macartney stocked it with cattle overlanded from Queensland. Monsoonal flooding, disease and strong resistance from

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1116-427: A major effect on local Aboriginal Australians . The Makassans exchanged goods such as cloth , tobacco , knives , rice , and alcohol for the right to trepang coastal waters and employ local labour. Makassar pidgin became a lingua franca along the north coast among several indigenous Australian groups who were brought into greater contact with each other by the seafaring Makassan culture. These traders from

1209-515: A massive cattle raising and meat production industry. The company employed roving gangs of armed men to shoot the resident Aboriginal population. In 1971, the Gove land rights case ( Milirrpum v Nabalco Pty Ltd ) was the first litigation on native title in Australia , and the first significant legal case for Aboriginal land rights in Australia . The area is from Port Roper on the Gulf of Carpentaria around

1302-574: A number of clan groups of Aboriginal people to an area of seas and sea-beds surrounding Croker Island in the Northern Territory. It was the first judgment by the High Court of native title over waters. The judge, Olney J, determined that members of the Croker Island community have a native title right to have free access to the sea and sea-bed of the claimed area for a number of purposes. The case established that traditional owners do have native title of

1395-557: A package of coordinated measures and technical amendments to improve the performance of the native title system. These are aimed at making the native title process more efficient and to speed up the determination of whether native title exists on the 580 claims that had been registered but not yet determined. The Native Title Act 1993 was further amended by the Rudd government by the Native Title Amendment Act 2009 . It allows

1488-594: A painting of the wharf at Darwin, including building and boats, and Europeans with hats and pipes, some apparently without hands (which they have in their trouser pockets). Near the East Alligator River crossing, a figure was painted of a man carrying a gun and wearing his hair in long pigtails down his back, characteristic of the Chinese labourers brought to Darwin in the late 19th century. One Yolngu prehistoric stone arrangement at Maccasans Beach near Yirrkala shows

1581-462: A part of Australian common law with the decision of Mabo v Queensland (No 2) in 1992. The doctrine was subsequently implemented and modified via statute with the Native Title Act 1993 . The concept recognises that in certain cases there was and is a continued beneficial legal interest in land held by Indigenous peoples which survived the acquisition of radical title and sovereignty to

1674-818: A result of the recognition, under Australian common law, of pre-existing Indigenous rights and interests according to traditional laws and customs . Native title is not a grant or right created by governments. The Aboriginal Land Rights Act 1976 (see below) covers the granting of land to Aboriginal Land Trusts; setting up Aboriginal land councils ; mineral rights; decision-making processes for dealing with land; dealing with income from land use agreements; and negotiations about leases for development on Aboriginal land. The Native Title Act 1993 (NTA) gives recognition that "Aboriginal and Torres Strait Islander people have rights to land, water and sea, including exclusive possession in some cases, but does not provide ownership". It allows for negotiations over land, but does not provide for

1767-403: A result, native title rights could co-exist, depending on the terms and nature of the particular pastoral lease. Where there was a conflict of rights, the rights under the pastoral lease would prevail over native title rights. The Wik decision led to amendments to the Native Title Act 1993 by the Native Title Amendment Act 1998 . This Act, also known as the "10 Point Plan", was introduced by

1860-552: A story tapping into the Aboriginal mythic past; it was co-directed by one of the indigenous cast members. The film and the documentary about the making of the film, The Balanda and the Bark Canoes , give a remarkable testimony to the indigenous struggle to keep their culture alive – or rather revive it in the wake of considerable relative modernisation and influence of white ( balanda ) cultural imposition. High Ground (2020 film) ,

1953-412: Is Nhulunbuy , 600 km (370 mi) east of Darwin, set up in the early 1970s as a mining town for bauxite . Other major population centres are Yirrkala (just outside Nhulunbuy), Gunbalanya (formerly Oenpelli), Ramingining , and Maningrida . A substantial proportion of the population, which is mostly Aboriginal , lives on small outstations or homelands. This outstation movement started in

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2046-620: Is also notable for bark painting. The indigenous inhabitants also create temporary sand sculptures as part of their sacred rituals. Arnhem Land is also notable for Aboriginal rock art , some examples of which can be found at Ubirr Rock , Injalak Hill , and in the Canon Hill area. Some of these record the early years of European explorers and settlers, sometimes in such detail that Martini–Henry rifles can be identified. They also depict axes, and detailed paintings of aircraft and ships. One remote shelter, several hundred kilometres from Darwin, has

2139-654: Is composed of many different Aboriginal countries and language groups . North-east Arnhem Land is home to the Yolngu people, one of the largest Indigenous groups in Australia, who have succeeded in maintaining a vigorous traditional culture, and whose name for this area is Miwatj. In West Arnhem Land, large groups include the Bininj people and the Maung people of the Goulburn Islands . In 2018, Kathy Guthadjaka AM (also known as Gotha)

2232-502: Is granted, specific rights are decided on a case-by-case basis, and may only sometimes includes freehold title. Australia did not experience litigation involving Aboriginal native title until the 1970s, though several earlier cases tangentially involved issues of native title. In 1835, John Batman purported to sign Batman's Treaty with Aboriginal elders in the Port Phillip District . Governor Bourke declared Batman's Treaty

2325-605: Is hypothesised that they evolved into separate taxa before the evolution of the more widespread and well-known genera Eucalyptus , Corymbia and Angophora , and all of their many species. Eucalyptus deglupta has naturally spread the furthest from the Australian geographic origin of the genus Eucalyptus , being the only species known growing naturally in the nearby northern hemisphere, from New Guinea to New Britain , Sulawesi , Seram Island to Mindanao , Philippines . Eucalyptus urophylla also grows naturally as far west as

2418-422: Is one which has become a matter of heated controversy. If there are serious legal questions to be decided as to the existence or nature of such rights, no doubt the sooner they are decided the better, but the resolution of such questions by the courts will not be assisted by imprecise, emotional or intemperate claims. In this, as in any other litigation, the claimants will be best served if their claims are put before

2511-495: Is recognised under Australian law (s 223 NTA). Commonwealth Government's indigenous.gov.au website: Native title is the recognition in Australian law, under common law and the Native Title Act 1993 (Cth), of Indigenous Australians' rights and interests in land and waters according to their own traditional laws and customs. Native title has also been described as a "bundle of rights" in land, which may include such rights as camping, performing ceremony , etc. If native title

2604-482: Is recorded to have happened at Mirki on the north coast of Florida Station. The Yolngu people today remember this massacre where many people including children were shot dead. From 1903 to 1908, the property rights of much of Arnhem Land were held by the Eastern and African Cold Storage Supply Company . This Anglo-Australian consortium leased the region under the name of Arafura cattle station and attempted to construct

2697-498: Is reduced in rainforests and arid environments. A fungal plant pathogens (from the family Sporocadaceae ), Allelochaeta brevilata (H.J. Swart & D.A. Griffiths) Crous is found on species of eucalypts in Australia. Arnhem Land Arnhem Land is a historical region of the Northern Territory of Australia. It is located in the north-eastern corner of the territory and is around 500 km (310 mi) from

2790-516: Is the right to hunt, gather, teach and perform cultural activities and ceremonies, and allow the young people to connect with their land. In March 2023, 8578.35 kilometres along the coast of the Grey River in Victoria. The case was the first Native Title case heard in the state of Victoria for 10 years. At the Federal Court at Warnambool designated the land as native title rights. Native title concerns

2883-595: The Attorney-General to administer the Native Title Act 1993 . According to the Attorney-General's Department: There are fundamental differences between land rights and native title . Land rights are rights created by the Australian , state or territory governments. Land rights usually consist of a grant of freehold or perpetual lease title to Indigenous Australians . By contrast, native title arises as

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2976-591: The Federal Court of Australia recognised the native title rights of the Gurindji people to 5,000 square kilometres (1,900 sq mi) of the Wave Hill Station, allowing them to receive royalties as compensation from resource companies who explore the area. Justice Richard White said that the determination recognised Indigenous involvement (Jamangku, Japuwuny, Parlakuna-Parkinykarni and Yilyilyimawu peoples) with

3069-451: The Flores and Timor islands. Eucalypts from fire-prone habitats are attuned to withstand fire in several ways: Epicormic buds under the often thick bark of the trunk and branches are ready to sprout new stems and leaves after a fire. These advantages work well in areas affected by long dry spells. Over 700 eucalypt species dominate landscapes all over Australia, but diversity

3162-456: The Fraser government as the Aboriginal Land Rights Act 1976 , which established a procedure to transfer almost 50 per cent of land in the Northern Territory (around 600,000 km2) to collective Aboriginal ownership. The Fraser government continued to implement many of the previous government's initiatives, under the description "self-management" rather than self-determination. In 1979, Paul Coe ,

3255-520: The Howard government . The amendments substantially restricted Native Title by narrowing the right to negotiate and extinguishing Native Title on most pastoral and mining leases granted before 1994. Yorta Yorta v Victoria , addressed a native title claim by the Yorta Yorta Aboriginal people of north central Victoria , which was dismissed by Justice Olney of the Federal Court in 1998. Appeals to

3348-584: The Kimberley region, south of Broome . Land rights were recognised over 31,000 square kilometres (12,000 sq mi) of land (half the size of Tasmania) via an ILUA on 5 July 2011. In May 2004, following the passage of special legislation, South Australian Premier Mike Rann handed back title to 21,000 square kilometres of land to the Maralinga Tjarutja and Pila Nguru people. The land, 1,000 kilometres (620 mi) north-west of Adelaide and abutting

3441-507: The Maung speaking Goulburn Islands (Mardbalk Arts & Crafts). Arnhem Land is also known for embracing the homeland movement, sometimes referred to as the outstation movement . For many decades prior to 1970, the East Arnhem Land Yolngu people lived on mission stations , such as Yirrkala. From April 1972, Yolngu families began moving away, back to their traditional clan lands. This was instigated by Yolngu people, before there

3534-536: The National Native Title Tribunal . After the Mabo decision it was uncertain as to whether the granting of pastoral leases would extinguish native title. The Wik Decision in 1996 clarified the uncertainty. The court found that the statutory pastoral leases (which cover some 40% of the Australian land mass) under consideration by the court did not bestow rights of exclusive possession on the leaseholder. As

3627-526: The Native Title Act by the Australian Law Reform Commission reported that "Courts have indicated that native title is not to be understood in terms equivalent to common law property interests, but they often still tend to draw on these concepts... The prevailing view of the nature and content of native title is hybrid, drawing on traditional laws and customs for content, but also at times idiosyncratically adopting common law terms to describe

3720-603: The Northern Territory . Prime Minister Gough Whitlam introduced a new policy of Aboriginal self-determination , and initiatives such as the Aboriginal Land Fund and the National Aboriginal Consultative Committee was set up. The latter consisted of elected Aboriginal representatives, who would advise the Minister of Aboriginal Affairs. The Whitlam government introduced legislation later passed by

3813-704: The Supreme Court of the Northern Territory , Justice Richard Blackburn explicitly rejected the concept of native title, ruling against the claimants on a number of issues of law and fact. In the wake of Milirrpum and the election of the Whitlam government in 1972, the Aboriginal Land Rights Commission (also known as the Woodward Royal Commission) was established in 1973 to inquire into appropriate ways to recognise Aboriginal land rights in

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3906-595: The Western Australia border, was then called the Unnamed Conservation Park. It is now known as Mamungari Conservation Park . It includes the Serpentine Lakes , and was the largest land return since 1984. At the 2004 ceremony Rann said the return of the land fulfilled a promise he made to Archie Barton in 1991 when he was Aboriginal Affairs Minister, after he passed legislation to return lands including

3999-483: The 18th and 19th centuries, are still found at Australian locations such as Port Essington and Groote Eylandt . The Makassans also planted tamarind trees (native to Madagascar and East Africa ). After processing, the sea cucumbers were traded by the Makassans to Southern China . In 2014, an 18th-century Chinese coin was found in the remote area of Wessel Islands off the coast on a beach on Elcho Island during

4092-457: The 18th century (and probably earlier) Muslim traders from Makassar of Sulawesi visited Arnhem Land each year to trade, harvest, and process sea cucumbers or trepang . This marine animal is highly prized in Chinese cuisine, for folk medicine, and as an aphrodisiac . This Makassan contact with Australia is the first recorded example of interaction between the inhabitants of the Australian continent and their Asian neighbours. This contact had

4185-723: The 800 people in the Laynhapuy homelands will be forced to move to towns such as Yirrkala on the Gove Peninsula, creating new law and order problems, while those who stay will be severely disadvantaged." In response to changes made by the Northern Territory government surrounding reduced support for the homelands in 2009, the Indigenous leader Patrick Dodson criticised the Northern Territory Government's controversial new policy on remote Aboriginal communities, describing it as

4278-685: The African continent 75,000 years ago. They may have the oldest continuous culture on earth. Oral histories comprising complex narratives have been passed down through hundreds of generations, and the Aboriginal rock art , dated by modern techniques, shows continuity of their culture. Arnhem Land is the location of the oldest-known (as of 2010 ) stone axe of its kind, which scholars believe to be 35,500 years old. Rock art depicting what may be acts of violence between hunter-gatherers in Arnhem land has been tentatively dated to 10,000 years ago. At least since

4371-580: The Crown; and rights over the land may range from access and usage rights to rights of exclusive possession. Native title rights and interests are based on laws and customs that pre-date the British acquisition of sovereignty; they are distinct from the rights granted by government such as statutory land rights of the kind found in the Land Rights Act . Native title rights and interests may exist over land and waters to

4464-569: The Federal Court to determine who may mediate a claim, whether that be the court itself, the Native Title Tribunal, or otherwise. Northern Territory v Mr Griffiths and Lorraine Jones was a 2018 High Court of Australia case, ruled in 2019, regarding land around Timber Creek, Northern Territory , involving a compensation claim by Ngaliwurru and Nungali lands surrounding Timber Creek. It related to various earlier cases since 1997. Described as "the most significant [case]… since Mabo ",

4557-507: The Federal Court, which may also order mediation by other agencies or persons. The purpose of mediation is to assist parties to clarify the issues in dispute, to explore options for settlement and to reach agreement. Mediation is a structured process, with the intention of a mutually agreed outcome rather than having a decision imposed by a judge. Alternative settlements (also termed "broader settlements" ) may be negotiated out of court, often being resolved more quickly and efficiently than via

4650-574: The Full Bench of the Federal Court in 2001, and the High Court in 2002 were also dismissed. The determination by Justice Olney in 1998 ruled that the 'tide of history' had 'washed away' any real acknowledgement of traditional laws and any real observance of traditional customs by the applicants. The 2002 High Court decision adopted strict requirements of continuity of traditional laws and customs for native title claims to succeed. Ward v Western Australia (1998) addressed an application made on behalf of

4743-633: The High Court decided the Blue Mud Bay sea rights case , establishing a precedent for sea rights over an intertidal zone for the first time. The Yolngu people of Baniyala were involved in this case, which involved Blue Mud Bay in East Arnhem Land . In 2007 the Howard government passed the Native Title Amendment Act 2007 , and the Native Title Amendment (Technical Amendments) Act 2007,

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4836-411: The High Court ruled for the first time on compensation for the extinguishment of native title in Australia. It is considered a "landmark" native title case, because the clauses contained within the Native Title Act 1993 pertaining to the determination of compensation payable due to the extinguishment of native title had never been heard before in the High Court. Yamatji Marlpa Aboriginal Corporation

4929-547: The Indigenous land use agreement or, in Victoria, a settlement under the Traditional Owner Settlement Act 2010 (TOSA). Alternative settlements agreements can be made alongside the Native Title Act , but usually the traditional owners are required to withdraw any existing native title claims. Such settlements can include any matters agreed to by all parties, which may included recognition of traditional owner rights, grants of freehold for specified purposes, or

5022-510: The Miriuwung and Gajerrong people of the east Kimberly, over land in Western Australia and the Northern Territory. Justice Malcolm Lee of the Federal Court ruled in their favour in recognition of the native title. Western Australia appealed the decision to the Full Court of the Federal Court, then to the High Court. The High Court held in Western Australia v Ward that native title is

5115-444: The US case of Cherokee Nation v Georgia (1831) . However, the substantive issue of continuing land rights was not heard due to the lack of precision, vagueness and other serious deficiencies with the statement of claim presented to the court. Justice Gibbs said, at paragraph 21, 'The question what rights the aboriginal people of this country have, or ought to have, in the lands of Australia

5208-605: The best elements of their homelands. Indigenous tourism ventures incorporating the controlled use of homelands are now showing signs of success for a select number of Yolngu. 12°43′48″S 134°35′24″E  /  12.73000°S 134.59000°E  / -12.73000; 134.59000 Traditional owner Native title is the set of rights, recognised by Australian law , held by Aboriginal and Torres Strait Islander groups or individuals to land that derive from their maintenance of their traditional laws and customs. These Aboriginal title rights were first recognised as

5301-596: The coast to the East Alligator River , where it adjoins Kakadu National Park . The major centres are Jabiru on the Kakadu National Park border, Maningrida at the Liverpool River mouth, and Nhulunbuy (also known as Gove) in the far north-east, on the Gove Peninsula. Gove is the site of large-scale bauxite mining with an associated alumina refinery. Its administrative centre is the town of Nhulunbuy,

5394-485: The continuing connection of Indigenous People to land, independent from a grant from the Crown. Native title would continue to exist as long as traditional laws and customs continue to be observed, unless the rights were otherwise extinguished by an incompatible grant by the Crown. Justice Gerard Brennan in this landmark decision stated: However, when the tide of history has washed away any real acknowledgment of traditional law and any real observance of traditional customs,

5487-723: The court dispassionately, lucidly and in proper form'. The South Australian Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981 was introduced by Premier Don Dunstan in November 1978, several months prior to his resignation from Parliament. An amended bill, following extensive consultation, was passed by the Tonkin Liberal government in March 1981. This legislation gave significant rights well in advance of any other to date in Australia. In 1981, SA Premier Tonkin returned 102,650 square kilometres (39,630 sq mi) of land (10.2% of

5580-445: The court process under the Native Title Act . They can give traditional owner group recognition in areas where native title rights have been extinguished, or where it is difficult for a group to prove that it persists. Such agreements are resolved through negotiation, and recognition of traditional ownership and various other land rights in land may be achieved without an actual native title determination. Examples of such arrangements are

5673-599: The decision of the High Court. The claimants reached an agreement about the claim area and a determination was made in 2003. "Exclusive possession native title was recognised over Lacrosse Island , Kanggurru Island, Aboriginal reserves within the Kununurra townsite, Glen Hill pastoral lease and Hagan Island. Non-exclusive rights were recognised over a number of areas including islands in Lake Argyle." Yarmirr v Northern Territory (2001), addressed an application made on behalf of

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5766-410: The early 1980s. Many Aboriginal groups moved to usually very small settlements on their traditional lands , often to escape the problems of the larger towns. These population groups have very little Western cultural influence, and Arnhem Land is arguably one of the last areas in Australia that could be seen as a completely separate country. Many of the region's leaders have called and continue to call for

5859-493: The early 21st century, a focus governments about the "viability" of the homelands has caused tensions and uncertainty within the Arnhem Land community. In September 2008, then Darwin correspondent for The Age , Lindsay Murdoch, wrote: "Elders tell of their fears that Yolngu culture and society will not survive if clans cannot continue to live on and access their land through homelands. They warn that if services are cut, many of

5952-540: The eucalypt group. The extant genera Stockwellia , Allosyncarpia , Eucalyptopsis and Arillastrum comprise six known species, restricted to monsoon forests and rainforests in north-eastern Australia, the Arnhem Land plateau, New Guinea , the Moluccas and New Caledonia . These genera are recognised as having evolved from ancient lineages of the family Myrtaceae. According to genetic, fossil and morphological evidence, it

6045-481: The extent that they are consistent with other rights established over the land by law or executive action. According to the National Native Title Tribunal (2013): "The native title rights and interests held by particular Aboriginal people will depend on both their traditional laws and customs and what interests are held by others in the area concerned. Generally speaking, native title must give way to

6138-494: The first rocket there, the first rocket launch from a commercial spaceport outside the US, and two further launches followed within weeks. The Yolŋu culture in East Arnhem Land is one of the oldest living cultures on Earth, at around 60,000 years old. DNA studies have confirmed that " Aboriginal Australians are one of the oldest living populations in the world, certainly the oldest outside of Africa"; their descendants left

6231-424: The foundation of native title has disappeared. Thus although over some parts of Australia native title has been lost, in large areas of the nation's interior, native title could be recognised. As Justice Brennan stated in Mabo (No. 2) , "native title has its origin and is given its content by the traditional laws acknowledged by and the customs observed by the Aboriginal inhabitants of a territory". One year after

6324-437: The fourth-largest population centre in the Northern Territory. The climate of Arnhem Land is tropical monsoon with a wet and dry season. The temperature has little seasonal variation; however, it can range from overnight lows of 15 °C (59 °F) in the dry season (April to September) to daily highs of 33 °C (91 °F) in the wet season (October to March). In 1931, an area of 96,000 km (37,000 sq mi)

6417-423: The interaction of two systems of law: Native title is the term adopted in Australian law to describe the rights to land and waters possessed by Indigenous Australians under their customary laws that are recognised by the Australian legal system. Native title is able to be possessed by a community or individual depending on the content of the traditional laws and customs; it is inalienable other than by surrender to

6510-418: The land "at least since European settlement and probably for millennia". The court sitting took place nearly 800 kilometres (500 mi) south of Darwin, and descendants of Vincent Lingiari and others involved in the Wave Hill walk-off celebrated the determination. The owners will participate in the mining negotiations and exploration work, from which royalties may flow in the future, but just as important

6603-447: The land by the Crown . Native title can co-exist with non-Aboriginal proprietary rights and in some cases different Aboriginal groups can exercise their native title rights over the same land. The Federal Court of Australia arranges mediation in relation to claims made by Aboriginal and Torres Strait Islander peoples, and hears applications for, and makes, native title determinations. Appeals against these determinations can be made to

6696-599: The land mass, as well as about 5,435 km (2,098 sq mi) of sea. Native title in Australia frequently involves mediation between native title parties and other groups with an interest in native title, such as the Australian Government, state and territory governments, miners and pastoralists. Amendments to the NTA made in 2012 meant that the NNTT would henceforth only conduct native title claim mediation by referral from

6789-1078: The layout of the Makassan praus used for trepang (sea cucumber) fishing in the area. This was a legacy of Yolngu trade links with the people on the Indonesian island of Sulawesi . The trading relationship antedated European settlement by some 200 years. Aboriginal artists in Arnhem Land are primarily represented by Aboriginal Art Centres , nonprofit, community-owned organisations. In East Arnhem Land, primarily Yolngu Matha -speaking artists are promoted by Buku-Larrnggay Mulka in Yirrkala, Bula'bula Arts in Ramingining , Elcho Island Arts and Crafts on Elcho Island , Gapuwiyak Culture and Arts in Gapuwiyak and Milingimbi Art and Culture on Milingimbi Island . In Central Arnhem Land, Maningrida Arts & Culture in Maningrida promotes

6882-502: The local Aboriginal population resulted in Florida Station being abandoned by Macartney in 1893. The first manager of the property, Jim Randell, bolted a swivel cannon to the verandah of the homestead to keep the Indigenous people away, while Jack Watson , the last manager of the property, reportedly "wiped out a lot" of "the blacks" living on the coast at Blue Mud Bay . During the period of Watson's management, another large massacre

6975-513: The nature or character of the rights". It is a complex area of law. The Act continues to be reviewed and amended. The National Native Title Register (NNTR), maintained by the NNTT, is a register of approved native title determinations. A determination can be that native title does or does not exist. As part of the determination of native title, native title groups are required to nominate a Native Title Prescribed Body Corporate to hold (as trustee) or manage (as agent) their native title. Following

7068-571: The recognition of the legal concept of native title in Mabo , the Keating government formalised the recognition by legislation with the enactment by the Australian Parliament of the Native Title Act 1993 . The Act attempted to clarify the legal position of landholders and the processes to be followed for native title to be claimed, protected and recognised through the courts. The Act also established

7161-650: The rejection of native title in Milirrpum v Nabalco was overruled by the High Court in Mabo v Queensland (No 2) , which recognised the Meriam people of Murray Island (Mer) in the Torres Strait as native title holders over part of their traditional lands. The Court rejected the notion that all Indigenous rights to land were abolished upon acquisition of sovereignty over Australia. The Court held that native title rights continued to exist, and that these rights existed by virtue of

7254-662: The rights held by others. The capacity of Australian law to recognise the rights and interests held under traditional law and custom will also be a factor... The source of native title is the system of traditional laws and customs of the native title holders themselves." Native title rights and interests may include the right to live in an area or to access it for traditional purposes; to visit and protect sacred sites; to hunt, fish or gather resources; or to teach law and custom. Exclusive possession can only be recognised over certain parts of Australia, such as vacant Crown land , or areas already held by Indigenous Australians. A 2015 review of

7347-600: The sacred Ooldea area (which also included the site of Daisy Bates ' mission camp) to the Maralinga Tjarutja people. The Maralinga Tjarutja lands now total 102,863 square kilometres. The Aboriginal peoples of the Wimmera region of Western Victoria won recognition of their native title on 13 December 2005 after a ten-year legal process commenced in 1995 when they filed an application for a determination of native title in respect of certain land and waters in Western Victoria. It

7440-470: The sea and sea-bed; however common law rights of fishing and navigation mean that only non-exclusive native title can exist over the sea. The decision paved the way for other native title applications involving waters to proceed. Nangkiriny v State of Western Australia (2002 & 2004), in which John Dudu Nangkiriny and others were plaintiffs, were cases addressing the claims of the Karajarri people in

7533-488: The southwest corner of Sulawesi also introduced the word balanda for white people, long before western explorers set foot on the coasts of northern Australia. In Arnhem Land, the word is still widely used today to refer to white Australians. The Dutch started settling in Sulawesi Island in the early 17th century. Archaeological remains of Makassar contact, including trepang processing plants (drying, smoking) from

7626-573: The state's land area) to the Pitjantjara and Yankunytjatjara people. However, it did not give the people the power of veto over mining activities; any disputes would need to be resolved by an independent arbitrator. In 1984 Premier John Bannon 's Labor government passed legislation to return lands to the Maralinga Tjarutja people. The legislation was proclaimed in January 1985 and was followed by

7719-783: The territorial capital, Darwin . In 1623, Dutch East India Company captain Willem Joosten van Colster (or Coolsteerdt) sailed into the Gulf of Carpentaria and Cape Arnhem is named after his ship, the Arnhem , which itself was named after the city of Arnhem in the Netherlands. The area covers about 97,000 km (37,000 sq mi) and has an estimated population of 16,000, of whom 12,000 are Aboriginal and Torres Strait Islander people . Two regions are often distinguished as East Arnhem ( Land ) and West Arnhem ( Land ). The region's service hub

7812-630: The work of a diverse range of Kuninjku , Burarra , and Gurrgoni artists, amongst others. In West Arnhem Land, Injalak Arts in Gunbalanya represents mainly Kunwinjku artists. Ngukurr Arts is located on the Roper River in Southern Arnhem Land. Art is also produced on the many islands of Arnhem Land, and there are art centres on the Anindilyakwa speaking Groote Eylandt (Anindilyakwa Art) and

7905-662: Was "void and of no effect as against the rights of the Crown" and declared any person on "vacant land of the Crown" without authorization from the Crown to be trespassing. The proclamation was approved by the Colonial Office. The official objection to the Treaty was that Batman had attempted to negotiate directly with the Aboriginal people, whom the British did not recognise as having any claim to any lands in Australia. In 1971, in Milirrpum v Nabalco Pty Ltd (the "Gove land rights case") in

7998-478: Was awarded 'NT Senior Australian of the Year.' Guthadjaka has conducted academic research into Aboriginal languages, knowledge, and culture. In 2013–14, the entire region contributed around A$ 1.3 billion or 7% to the Northern Territory's gross state product, mainly through bauxite mining. In 2019, it was announced that NASA had chosen Arnhem Land as the location for a space launch facility. The Arnhem Space Centre

8091-457: Was built near Nhulunbuy, employing mostly local labour, and on 27 June 2022, NASA launched the first rocket there, which was the first rocket launch from a commercial spaceport outside the US. Two further launches followed, the third on 11 July. Other space companies are interested in using the rocket launch pad, and NASA confirmed that it will use the facility again in the future. The 2006 film Ten Canoes captures life in Arnhem Land through

8184-429: Was established to assist the homelands. Homelands are tiny communities where members of related clan groups live on their traditional land, living according to Yolngu rom (law) . There are benefits to the people to be living in these homelands, including: Homelands also reduce pressure on other Indigenous communities, which are already suffering from problems in the housing, health and education services areas. In

8277-480: Was government support for the outstation movement. The people cleared land for airstrips and built their own houses from local timber, with the help of non-Indigenous people from the mission. The elders of the clans aimed to determine their own futures, basing their societies on Yolngu law, while living and raising their children on their lands in a sustainable and self-sufficient way. In 1985, Laynhapuy Homelands Aboriginal Corporation (LHAC), an Aboriginal corporation ,

8370-723: Was involved in a large native title claim from 1996, based on the Native Title Act 1993 , resulting in an historic determination in February 2020, involving both native title and an ILUA, covering an area of 48,000 square kilometres (19,000 sq mi) in Western Australia. A claim was lodged in 2016 by the Central Land Council on behalf of the Gurindji peoples in the area, as there were mining interests in area covered by Wave Hill Station 's pastoral lease. On 8 September 2020,

8463-508: Was proclaimed as an Aboriginal reserve , named Arnhem Land Aboriginal Reserve. As of 2007 the Land Trust held about 100,000 km (39,000 sq mi) as Aboriginal freehold land (with the exception of mining leases); it remains one of the largest parcels of Aboriginal-owned land in Australia and is perhaps best known for its isolation, the art of its people, and the strong continuing traditions of its Aboriginal inhabitants. Arnhem Land

8556-521: Was the first judgment recognising native title over a capital city and its surroundings. The claim area itself is part of a much larger area included in the "Single Noongar Claim", covering the south-western corner of Western Australia. An appeal was subsequently lodged and in 2008 the Full Court of the Federal Court upheld parts of the appeal by the Western Australian and Commonwealth governments against Justice Wilcox's judgment. The 2008 decision by

8649-622: Was the first successful native title claim in south-eastern Australia and in Victoria, determined by Justice Ron Merkel involving Wotjobaluk, Jaadwa, Jadawadjali , Wergaia and Jupagalk people. In his reasons for judgment Justice Merkel explained the significance of his orders: In 2005 the Federal Court brought down a judgment recognising the native title of the Noongar people over the Perth metropolitan area. Justice Wilcox found that native title continues to exist within an area in and around Perth. It

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