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Federal Court recognises Darlot native title rights in WA Goldfields, says 1890s gold rush caused 'upheaval'

Justice Mordy Bromberg says the decision is momentous. (ABC Goldfields: Jarrod Lucas)

Traditional landowners in Western Australia's northern Goldfields have had their native title rights formally recognised by the Federal Court, 30 years after the historic Mabo decision.

At a hearing on country on Tuesday, the Federal Court determined the Darlot people had an ancestral claim to 21,622 square kilometres, including the historic mining towns of Menzies and Leonora. 

There are about 400 known descendants of the people known as the "Darlot mob", who take their name from the ephemeral Lake Darlot, which spans across the claim area from Leinster on the western edge to Laverton in the east.  

Justice Mordy Bromberg told the court that the invasion of prospectors during the 1890s gold rush had inflicted "untold misery" on the traditional landowners.

The first gold discovery in the Menzies area was credited to a prospecting party led by James Speakman in 1891, while gold was discovered at Leonora in 1896.   

About 150 of the Darlot mob attended the Federal Court hearing on country.    (ABC Goldfields: Jarrod Lucas)

Justice Bromberg described the decision as "momentous", saying the traditional landowners may have had a different result if their case went to trial. 

He said it was successful because of the applicants' willingness to compromise. 

"The success of this application demonstrates well the importance of mediation and a negotiated settlement in a native title proceeding," the judge said.  

"The preparedness of the parties to sensibly negotiate and their willingness to compromise has enabled them to reach agreement. 

Members of the Darlot mob celebrate the native title decision.   (ABC Goldfields: Jarrod Lucas)

Long wait finally over

Darlot elder Verna Vos said it had been a long struggle after two unsuccessful claims in the past.

She said, "words can't explain it", adding that "land and family is crucial to our survival".  

"The journey has been long, and the road has been rough at times," she said.

"This was the main element for moving forward, to make sure everyone will feel strong in our identity and know where we belong."

Darlot elders Maria Meredith and Verna Vos have fought hard to win the native title determination.   (ABC Goldfields: Jarrod Lucas)

Mother part of Stolen Generation

Darlot elder Maria Meredith said the determination would have meant a great deal to her late mother.

She said her mother was part of the Stolen Generations and ran away from the Moore River Native Settlement in the 1930s with the young girls who inspired the 2002 movie Rabbit-Proof Fence.

"Twice she was taken, forcibly removed because of the 1905 [Aborigines] Act, and twice she ran away," Ms Meredith said. 

"She had never left this area ... she only knew this area here which she was born in.

Ms Meredith said her mother "used the stars as a road map to get home" and stayed at pastoral stations along the way.

"We visited places where she walked, and we were just in awe of the ruggedness of our country," she said. 

The Darlot determination comes 15 years after the Federal Court dismissed the massive Wongatha claim, which has seen dozens of rival claim groups emerge in the Goldfields in recent years. 

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