The Government Could Be On The Hook For Billions After A Watershed Native Title Verdict

The Federal Court has ordered the Northern Territory government to pay Indigenous custodians $3.3 million in compensation over extinguished native title rights on land near the West Australian border.

The landmark decisions stands as one of the most significant native title rulings since the Mabo case almost 25 years ago, and according to legal experts could open the floodgates to a host of similar claims that could potentially cost the government billions.

The ruling comes after a protracted legal battle between the government and representatives of the Ngaliwurru and Nungali people over the loss of native title rights in Timber Creek, a small, isolated township located roughly 600km south of Darwin. The plaintiffs were seeking restitution over a number of acts, including the construction of public works on their land during the ’80s and ’90s that disrupted their ability to perform spiritual ceremonies.

Crucially, the decision by judge John Mansfield establishes a precedent and determines a methodology for quantifying the value of extinguished native title. It also leaves the state and commonwealth governments, as well as private companies, open to astronomic compensation claims.

There are currently more than 2.3 million square kilometers of native title land around Australia. Speaking to the ABC, Gavin Scott from Ashurst Lawyers said he expected “a raft of compensation claims now that the court has at least provided some guidance as to how native title can be valued.”

“We’re very buoyed with the court’s decision today,” Northern Land Council CEO Joe Morrison told the national broadcaster. “It’s obviously a very important judicial decision to award compensation through native title and to allow that to proceed has been an immense opportunity for traditional owners around the country.”

–

Feature image via Wikimedia