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The decision handed down last week by the seven judges on the full bench of the High Court has been welcomed by Western division leasees.
This decision affects fortypercent of NSW. The veil of uncertainty that has prevailed since 1997 has now been lifted. This uncertainty bred fear and intimidation to an inconceivable level for all involved.
That others, unaffected by the claim, did not share their concerns was disturbing.
The NSW Farmers Association took up the matter on behalf of farmers in 1998 and the Lightning Ridge property of Doug and Annette Wilson was chosen as the test case.
The decision has provided much needed clarity of the 1996 Wik decision which until now had been broadly interpreted.
Had Native Title been deemed to exist matters such as access and diversification would have been complex.
“This ruling doesn’t stop Aboriginal people having access to land in the Western Division, as many local arrangements that have existed for years will continue. There has always been an opportunity to negotiate access with farmers under the NSW Aboriginal Land Rights Act,” said NSW Farmers’ Association President, Mal Peters.
From the outset the Native Title claim over the Narran/Warrambool Reserve was an emotive matter which affected everyone in some manner.
Confidence in the area declined! Planned developments were put on hold and, in many cases, abandoned.
Native Title became the “bogey man” that prevented most things from happening.
Lightning Ridge, in its unique manner, has been centre stage in the historic seven to six decision by the High Court judges which now permits us to go on with our lives. What does it mean to Lightning Ridge and Walgett Shire?
*A rekindling of confidence
*Hope
*Power to the Bill Waterford Equestrian Centre
*A barrier lifted from the process of offering Western Lands Leases to residential camp dwellers
*An expected refund of all compensation monies paid on claims
*Renewed interest from investors who shied away.
That areas such as Lightning Ridge should be at the mercy of governments and the court system for such a protracted period is unconscionable. And, on Judgement Day, August 8 2002 where was the Native Title claimant and landholder when the decision was reached? Doug Wilson, with his property gripped by drought was tending starving stock, whilst Michael Anderson, the Native Title claimant was overseas.
“The Unfolding of Native Title,” whas been reported by the Black Opal Advocate since March 1997 and will appear on page 2 of successive issues of the paper.
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