The granting of native title has been a bittersweet victory for Widjabul Wia-bal traditional owners, who celebrated the milestone while paying tribute to the loved ones lost before they could see the decade-long claim "cross the line".
Nicole Roberts, the daughter of the late Murray John Roberts who died in May, spoke through tears about her father being the driving force behind the native title claim.
"He would be so proud to have finally got to this point, to be recognised as traditional owners of this beautiful country we call Widjabul Wia-bal," she said.
"My father loved his country, culture and people and that love for country and culture is what drove his passion for many years to finally get to this point in native title of ownership, of recognition.
"He would be super proud."
Ms Roberts said her only regret was that her father could not be there to celebrate the special occasion.
"I know he is here in spirit along with others that have gone before us and have been instrumental in helping this claim move forward and to where we are here today," she said.
NTSCORP chief executive and Minjungbal Bundjalung woman Natalie Rotumah also paid tribute the traditional owners who "fought the long fight" but were not able to see the "the claim cross the line".
"Last time I stood in this hall was to pay my respect to a great man – Murray John Roberts," she said.
"The native title process takes a toll on our elders and our communities.
"I have no doubt they are celebrating by that big campfire in the sky looking down and sharing our joy."
Traditional owner and applicant Mickey Ryan said the native title determination was not about money or privilege.
"Our involvement must be focused on the protection of country and our sacred culture, for our grandchildren and those who are yet to be born," he said.
"Our decisions are made for the benefit of all our community and families, including non-Indigenous, in a spirit of reconciliation and truth telling."
A decade in the making
The 1,559 square kilometre claim was first filed in June 2013.
It spans half a dozen local government areas comprising Lismore, Ballina, Byron, Kyogle, Tweed and the Richmond Valley.
The Widjabul Wia-bal determination is the 18th in New South Wales since the Native Title Act came into effect in 1993.
To be granted native title, the Widjabul Wia-bal claimants had to prove evidence of continuous and unbroken connection to country since colonisation.
The decision means Widjabul Wia-bal traditional owners now have the rights to carry out a number of cultural activities on non-freehold land, such as national parks and crown land.
Those rights to country include:
- The right to access, move about and traverse.
- The right to camp and erect temporary shelters but not to permanently camp or occupy.
- The right to hunt and fish for non-commercial purposes.
- The right to access and use natural water resources for non-commercial purposes.
- The right to gather, share and exchange natural resources for non-commercial purposes.
- The right to conduct and participate in ceremonial, ritual and spiritual activities.
- The right to maintain and protect places of importance under traditional laws and customs.
- The right to transmit traditional knowledge to members of the native title claim group
- The right to hold meetings.
The determination recognises non-exclusive native title rights, meaning public access will coexist with Widjabul Wia-bal's rights.
The recognition of native title does not change who owns and manages land and does not affect freehold land.
