Marlinyu Ghoorlie native title group in Goldfields celebrates recognition as traditional owners
Brian Champion Senior, 87, first registered the claim in 2017. (ABC Goldfields: Jarrod Lucas)
In short:
Marlinyu Ghoorlie people have been recognised as the traditional owners of a large area of the Goldfields, which includes Kalgoorlie-Boulder.
A counterclaim by the Karratjibbin people over an overlapping area of land was dismissed.
What's next?
Marlinyu Ghoorlie claimants will go to the Federal Court next year to progress native title determination.
The Federal Court, for the first time, has recognised Marlinyu Ghoorlie claimants as the traditional owners of an area spanning more than 89,000 square kilometres of WA's Goldfields.
The area includes Kalgoorlie-Boulder, Kambalda, Coolgardie, and extends west to Southern Cross in the Wheatbelt.
On Friday, Justice Michael O'Bryan delivered his judgement on two pending Goldfields native title matters, relating to the Marlinyu Ghoorlie claim group and the Karratjibbin people.
The two claims were in contention over an overlapping portion of land.
The Marlinyu Ghoorlie claim area has been subject to several failed native title registrations.
Justice O'Bryan's judgement found the entire Marlinyu Ghoorlie claim area was the traditional lands of the Karlamaya Kapurn people before European settlement, and continues to be so.
The long-awaited decision comes after the native title claim was first filed in 2017.
Courtroom cheers
Cheers were heard in the courtroom as the judgement was handed down.
Marlinyu Ghoorlie elder Brian Champion Senior celebrated with family at the news and thanked the judge for the recognition.
"I'm over the moon," Mr Champion said.
"It's been a long, long road, a hard road, but thanks to the judge for coming to forefront and telling the world that we were the original owners before European [settlement]."
The Marlinyu Ghoorlie claimant area (green) overlapped with the dismissed Karratjibbin claim area (purple). (Supplied: National Native Title Tribunal)
In October 2023, Justice O'Bryan heard witness evidence from parties belonging to both Marlinyu Ghoorlie and Karratjibbin claimant groups during hearings at Kalgoorlie Town Hall and other parts of the native title area.
He told the court on Friday that the case had taken considerable time due to its volume and the complexity of the evidence associated with the contested claims.
Justice O'Bryan spoke of the "rapid and overwhelming effects" European settlement had on Aboriginal people in the Goldfields in determining native title groups.
"The impacts experienced by Aboriginal people during and after the gold rush were extensive and included famine, frontier violence, disease, dispossession of waterholes and hunting territory and, later, the removal of children to state or church care," he said.
"I have no doubt that the beliefs held by the lay witness … are sincerely held.
"Not all beliefs can be correct."
Karratjibbin claim dismissed
Justice O'Bryan dismissed the native claim of the Karratjibbin people for areas that overlap with the Marlinyu Ghoorlie claim area.
The claimants have 60 days to notify the court if they would proceed with their native title claim for land outside the area.
The claim area covers 89,000 square kilometres, including Kalgoorlie-Boulder. (ABC Goldfields: Jarrod Lucas)
Since September, the Marlinyu Ghoorlie native title claimant group has been involved in a flurry of activity within the resources sector, despite not having yet achieved determination.
The agreements typically set out protocols for heritage surveys and the protection of Aboriginal cultural heritage sites.
It has signed four separate agreements with ASX-listed companies operating in the Goldfields, including Horizon Minerals and Beacon Minerals.
In a statement, lawyer for the Marlinyu Ghoorlie claimants Simon Blackshield said the group had a Federal Court hearing early next year "to progress outstanding issues which must be dealt with before a determination of native title can be made".