The High Court Has Awarded Traditional Owners $1.3 Million For Cultural Loss Caused By Extinguished Native Title
The High Court of Australia has upheld the award of $1.3 million to a group of Aboriginal traditional owners in the Northern Territory for cultural loss caused by their native title being extinguished, in a landmark decision delivered on Wednesday.
Experts say it is one of the most significant native title cases since the Mabo case recognised Aboriginal ownership of the land in 1992.Their native title was extinguished on the patch of land at the centre of the legal proceedings by various actions – such as building public works – taken by the NT government between 1980 and 1996.
The compensation award was split into three parts: the economic value of the land, interest on that amount, and the sum that should be paid for spiritual losses. "The effects on the sense of connection are not to be understood as referable to individual blocks of land but understood by the 'pervasiveness of Dreaming' ... an act can have an adverse effect by physically damaging a sacred site, but it can also affect a person's perception of and engagement with the Dreamings ...
The history of the land meant that the traditional owners' native title rights were"limited" and"non-exclusive", and so not as valuable as exclusive native title rights. "[We thought] we’ll give it a shot whether we win or lose, sort of thing," she said."And showing a good example. We’re not going to sit back and let anyone ruin our country."
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