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Always was, always will be Bandjalang land

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Acknowledgment from Country
Acknowledgment from Country: After the determination Afzal Khan and Simone Barker gave gifts to the judge, Steven Rares. Photo: Susanna Freymark.

It was their day.

There were tears, statements from the heart and jubilation at the Federal Court hearing that determined native title on 52 parcels of land in the Richmond Valley.

His Honour Justice Steven Rares presided over a makeshift courtroom in a marquee on Stan Payne Oval at Evans Head on Friday.

The Bandjalang people sat with their legal counsel to one side of the judge, barristers representing the government on the other side.

Despite the lengthy legal description by the judge, granting native title was a foregone conclusion.

The Bandjalang mob had waited a long time for the declaration.

“Always was, always will be,” Teela Barker cried out after the determination and the crowd cheered.

Smoking ceremony
The smoking ceremony before the court session at Evans Head.
Photo: Susanna Freymark.

The determination recognised native title over 52 parcels of land from claims filed in 2016 and 2019. Previously, the Bandjalang people had some native title rights recognised in a consent determination finalised in December 2013. Friday’s consent determination area included an important site at Bora Ridge.

Bandjalang man Afzal Khan made a statement in court.

“I grew up in Bora Ridge. The legal rights are important to me in reconnecting and continuing the longest living culture on the planet,” he said.

“It is an emotional, grounding and defining day.”

Simone Barker spoke of how her father Lawrence Wilson spent his life fighting for native title.

“He told me to never forget who you are or where you come from,” Simone said.

Map showing Bandjalang land
The map shows the areas covered by native title. Photo: contributed.

“For hundreds of years, we’ve had no say. I’ve had a lot of sleepless nights and have been haunted by my ancestors for not protecting our land.

“We have stayed strong.”

Coraki’s Anthony Kapeen said native title was “a recognition of who we are as a people.”

The native title claim involved six land councils and the NSW Aboriginal Land Council.

Aboriginal Affairs minister Don Harwin said the determination was part of a positive future for the Bandjalang people.

“You have an unbroken connection with this country – your country,” he said.

Background

This is the 15th determination of native title in NSW.

It gives Bandjalang people the right to hunt, fish and practise traditional customs and ceremonies.

Bandjalang people are part of the Bundjalung Nation.

Richmond Tiver Independent 5 May 2021

Bandjalang people are the Aboriginal Traditional Owners for Country in the Northern Rivers region which includes Evans Head, Goanna Headland, Woodburn, Coraki, Broadwater, Busbys Flat, Rappville, Tabbimoble, Bungawalbin, Whiporie and Wyan.

This article appeared in the Richmond River Independent, 5 May 2021.

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