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DARWIN - Aborigines in Darwin have lost their appeal against a failed bid for native title recognition, in Australia's first case involving a large part of a capital city.
The Federal Court dismissed the landmark claim in April last year by nine Larrakia families over 575 sq km of crown land in Darwin and nearby Palmerston.
The court found the Larrakia had not maintained a continuous observance of traditional laws and customs since sovereignty, with "an interruption" occurring sometime between the late 1930s and early 1970s.
But the Northern Land Council (NLC), representing the traditional owners, immediately sought to appeal the ruling, despite the fact the claim was vigorously contested by the NT government and the Darwin City Council.
Their lawyer said the judgment had failed to deal with the concept of "a body of people united by a notion of custom".
Today, the full bench of the Federal Court dismissed the appeal against the decision of the trial judge, finding no error in his treatment of evidence or in his conclusion.
NT Attorney-General Syd Stirling said the ruling gave the people of Darwin a sense of certainty, while the legal profession were given some clarity "around this emerging body of law".
"We will continue our work with the whole community to establish a strong vision for the future direction of Darwin, its tropical suburbs and surrounds," he said.
Stirling acknowledged the Larrakia people were an important part of the community, adding: "together we will now move forward with making this the best capital city in Australia".
The claim was first raised by Larrakia people 11 years ago and covered 250 pockets of crown land, mostly on the outskirts, including reserves and beaches down to the low-water mark but also land in exclusive Cullen Bay.
Almost 50 witnesses were heard during the first claim, along with five experts, resulting in 8000 pages of transcript.
Last year, a Federal Court ruling sparked outrage when it upheld the indigenous Noongar people's native title claim over more than 6000 sq km of Perth and its surrounds.
They can now use this land to live, to practise and teach traditional laws and customs, and to hunt, fish and gather food. They can also conserve and control access to the land.
The federal and the West Australian governments are appealing the decision separately.
- AAP
