Islanders win native title battle

Torres Strait islanders have reacted with jubilation after winning a nine-year court
battle to secure native title rights over a vast tract of ocean to Australia's
north.
In a landmark ruling on Friday, the Federal Court granted traditional owners native
title rights over more than 40,000 square kilometres of ocean between Cape York and
Papua New Guinea.
Barrister Robert Blowes, representing the Torres Strait Regional Authority, said the
ruling was historic because it was the first native title declaration to cover a
vast expanse of ocean.
"There are some native title claims over sea areas but they mostly cover areas just
off shore and in and around islands whereas this is a large expanse of sea," he
said.
However, he said the ruling was a reflection of the islanders' unique maritime
culture and was not likely to lead to other large-scale sea claims.
He said the decision recognised islanders' traditional ties to the sea and
guaranteed them access to its resources but did not exclude others, notably
commercial fishermen, from accessing the area.
Islanders packed into the Cairns court room on Friday to hear Justice Paul Finn hand
down his judgment and burst into jubilant bouts of singing after the decision was
read out.
Despite the rain, celebrations continued outside the court with a traditional dance
ceremony.
Torres Strait elder George Mai, who was one of the parties to the nine-year court
case, said the decision was god's will.
"What has happened today to myself and the people of the Torres Strait is a big, big
win," an emotional Mr Mai told reporters outside court.
"We are happy and we are celebrating today.
"It is not our will, it is the will of the great one above."
Sharon Phineasa, whose late grandfather Phillip Bigie (Bigie) was one of the
original parties to the claim - lodged in court in 2001 - said she was proud to see
his dream realised.
"It is sad that a lot of the original elders have passed on but I'm so proud to
represent them here today," she told AAP.
Aria Award winning island songwriter Seaman Dan said the decision was "a step in the
right direction".
"We've been there for a long time, we live by the sea and it is an important part of
our lives," he told AAP.
Justice Finn gave the islanders' legal team and other parties until July 23 to reach
a draft agreement on the wording of the native title determination.
He will formally make the determination in Brisbane on July 30.



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