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their rights to the vast majority (19.4 million hectares) of this land have been extinguished, due to its use as government land and for commercial, residential, agricultural or mining purposes. These uses have precluded the exercise of Noongar traditional rights. David Stevenson, director of Brisbane-based firm Ethical Social Justice Law, who is handling the claim for the Noongar group, is confident. He told the Sydney Morning Herald (November 30, 2010) that the recent High Court ruling in Timber Creek was clear: “The law says the Noongar people are entitled to compensation. A group of elders have approached us and we have done our job. This impacts WA – but also the whole country.” The High Court ruling in Timber Creek allowed for economic loss which applied to Native Title land 'extinguished' from October 31, 1975 to present day, with cultural and spiritual loss calculated at a higher rate. Other compensation claims that have been in the courts include three in Queensland, including a claim over Fraser Island / K’gari by the Butchulla Aboriginal Corporation. Councils and state governments are likely to be impacted directly by these developments, which often relate to land on which public infrastructure such as roads and schools have been built. The Australian Financial Review (13 March 2019) reported that liability for native title compensation may run into billions of dollars. Ashhurst partner Tony Denholder said, "The 375 groups that have proven native title across the country now have legal entitlements to make a compensation claim under the Native Title Act established by Paul Keating in 1994. It's a natural next step they will seek compensation for public works on their land that
Megan Cope, RE FORMATION, 2016, cast concrete, sand. Currently on display in the “Water” exhibition at Queensland Art Gallery of Modern Art, Brisbane, until 26 April 2020 and in “RE FORMATION I” at Mosman Art Gallery, Sydney, until 17 May 2020.
have affected their rights." In a national first, IPWEAQ has developed a digital tool to assist councils to assess their potential liability for projects past, present and future. Developed by Director of Information Resources Mark Lamont, it is designed to allow a simple identification of risk factors to their public works by councils without the necessity to seek expensive legal advice. Lamont recommends that councils be proactive in this space. If council has a good relationship with traditional owners, and is alert to potential areas of concern, addressing them early reduces the risk of being hit with large compensation claims. This is as true for infrastructure projects that were undertaken historically as for future acts. The assessment tool allows councils to determine which past projects may be in breach of the legislaItion, and offers the chance to approach traditional owners to make reparations before the case is litigated. The IPWEAQ’s Native Title Portal offers an assessment compliance system currently being trialled by councils in Queensland. It is available by subscription.
Engineering for Public Works | March 2020
DETAIL: Megan Cope, RE FORMATION, 2016, cast concrete, sand.
For further information, contact IPWEAQ, telephone 07 3632 6803, email info@ipweaq.com. About the image: Megan Cope, RE FORMATION, 2016, cast concrete, sand. Image courtesy of QUT Art Museum, Milani Gallery and the Artist. Photo by Carl Warner. In RE FORMATION, contemporary Aboriginal artist Megan Cope (b.1982, Quandamooka) recreates Aboriginal middens to evoke the history of desecration of these significant sites by early colonists in Australia. This was done to extract lime, yet erased the material legacy of the occupation of country by First Nations peoples. This is particularly important given that evidence of continuous connection is central to Australia’s Native Title Act (1993).