1 00:00:01,200 --> 00:00:03,520 Speaker 1: My name is Lily Maddon and I'm a proud Arunda 2 00:00:03,760 --> 00:00:08,520 Speaker 1: Bunjelung Kalkadin woman from Gadighl Country. The Daily oz acknowledges 3 00:00:08,600 --> 00:00:10,800 Speaker 1: that this podcast is recorded on the lands of the 4 00:00:10,800 --> 00:00:14,360 Speaker 1: Gadighl people and pays respect to all Aboriginal and Torres 5 00:00:14,400 --> 00:00:17,279 Speaker 1: Strait Island and nations. We pay our respects to the 6 00:00:17,320 --> 00:00:20,079 Speaker 1: first peoples of these countries, both past and present. 7 00:00:25,680 --> 00:00:28,160 Speaker 2: Good morning, and welcome to the Daily os. It's Wednesday, 8 00:00:28,200 --> 00:00:30,960 Speaker 2: the twenty fourth of May. I'm Sam, I'm Nina. 9 00:00:31,040 --> 00:00:33,960 Speaker 3: The Federal Court has ruled in favor of Yanipingu and 10 00:00:34,000 --> 00:00:37,159 Speaker 3: the Gumich Clan in a landmark native title case in 11 00:00:37,159 --> 00:00:40,440 Speaker 3: the Northern Territory. The Gumich Clan is set to receive 12 00:00:40,520 --> 00:00:43,720 Speaker 3: compensation which could be in the hundreds of millions of 13 00:00:43,800 --> 00:00:47,600 Speaker 3: dollars and it could have huge consequences for Native title 14 00:00:47,640 --> 00:00:50,640 Speaker 3: cases in the territory moving forward. We'll let you know 15 00:00:50,680 --> 00:00:52,720 Speaker 3: what you need to know in the deep Dive. But 16 00:00:52,840 --> 00:01:01,600 Speaker 3: first Sam, what's making headlines this morning. 17 00:01:04,120 --> 00:01:06,920 Speaker 2: Quantus is on track for its highest ever profits this 18 00:01:07,000 --> 00:01:09,920 Speaker 2: financial year, and that's because of heightened consumer demand and 19 00:01:10,040 --> 00:01:13,960 Speaker 2: lower fuel prices. Quantus is projecting profits for this financial 20 00:01:14,000 --> 00:01:17,399 Speaker 2: year to be over two point four billion dollars. That 21 00:01:17,440 --> 00:01:20,919 Speaker 2: would comfortably overtake the previous record setback in twenty eighteen, 22 00:01:21,000 --> 00:01:22,840 Speaker 2: which was one point six billion dollars. 23 00:01:24,880 --> 00:01:28,160 Speaker 3: Victoria is going to transition away from native timber logging 24 00:01:28,280 --> 00:01:31,240 Speaker 3: by the start of next year instead of twenty thirty 25 00:01:31,400 --> 00:01:35,000 Speaker 3: as initially planned. The measure was announced in the Victorian 26 00:01:35,040 --> 00:01:38,960 Speaker 3: budget which was handed down yesterday. Environment Minister Ingrid Stitt 27 00:01:39,120 --> 00:01:41,600 Speaker 3: said the measure would add further protections for the states 28 00:01:41,640 --> 00:01:44,400 Speaker 3: precious by adversity and endangered species. 29 00:01:45,680 --> 00:01:48,080 Speaker 2: The thirty three year old police officer who tased a 30 00:01:48,200 --> 00:01:51,080 Speaker 2: ninety five year old woman last week has been suspended 31 00:01:51,120 --> 00:01:54,440 Speaker 2: from duty. The senior constable tased the woman after she 32 00:01:54,560 --> 00:01:58,880 Speaker 2: slowly approached police holding a steak knife. The woman, Claire Noland, 33 00:01:59,040 --> 00:02:01,480 Speaker 2: is receiving end of life care and the incident is 34 00:02:01,520 --> 00:02:02,520 Speaker 2: being investigated. 35 00:02:04,600 --> 00:02:07,760 Speaker 3: And the good news sam whales have been spotted in 36 00:02:07,880 --> 00:02:11,480 Speaker 3: coastal areas off Sydney in recent days, which means whales 37 00:02:11,520 --> 00:02:15,359 Speaker 3: season is officially upon US. Wales will be migrating from 38 00:02:15,440 --> 00:02:18,600 Speaker 3: Antarctica to the Pacific in search of warmer conditions, so 39 00:02:18,680 --> 00:02:20,920 Speaker 3: if you're on the East coast, keep your eyes peeled. 40 00:02:24,919 --> 00:02:28,600 Speaker 3: The late Jennipingu has won a significant Native title court 41 00:02:28,639 --> 00:02:31,800 Speaker 3: battle that could change the way Australian law deals with 42 00:02:31,880 --> 00:02:35,000 Speaker 3: Native title claims in the Northern Territory. The claim was 43 00:02:35,040 --> 00:02:38,519 Speaker 3: successfully brought against the Commonwealth of Australia about a lease 44 00:02:38,600 --> 00:02:40,640 Speaker 3: granted to mining company Nabalco. 45 00:02:40,880 --> 00:02:43,320 Speaker 2: It was only last month when we were talking about 46 00:02:43,520 --> 00:02:46,520 Speaker 2: Unipingu on this podcast, when we were sharing the sad 47 00:02:46,600 --> 00:02:47,600 Speaker 2: news of his passing. 48 00:02:47,880 --> 00:02:49,840 Speaker 3: It was one of those losses that was felt by 49 00:02:49,880 --> 00:02:54,000 Speaker 3: the whole nation. We heard an outpouring of eulogies and 50 00:02:54,080 --> 00:02:57,600 Speaker 3: really beautiful moving testimonies about the impact of his life. 51 00:02:57,720 --> 00:02:59,960 Speaker 3: This is what the Prime Minister said at his memorial. 52 00:03:00,840 --> 00:03:04,560 Speaker 4: It is often said that we stand on the shoulders 53 00:03:04,600 --> 00:03:09,720 Speaker 4: of giants. Unipingu was a giant who made sure that 54 00:03:09,880 --> 00:03:13,200 Speaker 4: we could. He lifted us up and held us there 55 00:03:13,360 --> 00:03:15,760 Speaker 4: so that we could see as far as he did, 56 00:03:16,639 --> 00:03:19,200 Speaker 4: and what a vision he shared with us. 57 00:03:19,560 --> 00:03:23,160 Speaker 3: Yunipingu was a Yunu elder and Gummich Klan leader. He 58 00:03:23,240 --> 00:03:26,000 Speaker 3: became known because of his work in land rights, which 59 00:03:26,040 --> 00:03:29,040 Speaker 3: went back as far as the nineteen sixties. He also 60 00:03:29,040 --> 00:03:31,799 Speaker 3: worked for many years on the Northern Land Council, which 61 00:03:31,840 --> 00:03:34,880 Speaker 3: is an organization that specifically deals with land rights and 62 00:03:34,960 --> 00:03:39,119 Speaker 3: helps First Nations people to claim traditional land. All that's 63 00:03:39,160 --> 00:03:42,839 Speaker 3: to say, land rights were his lifelong pursuit and one 64 00:03:42,840 --> 00:03:45,840 Speaker 3: that's continued after his death. His name is still on 65 00:03:45,880 --> 00:03:48,080 Speaker 3: the case that we're discussing today, and there was an 66 00:03:48,080 --> 00:03:51,120 Speaker 3: acknowledgment in the judgment that that's because of his significant 67 00:03:51,200 --> 00:03:52,680 Speaker 3: role in getting it to this point. 68 00:03:52,920 --> 00:03:55,680 Speaker 2: So the big legal idea that we're talking about today 69 00:03:55,760 --> 00:03:58,600 Speaker 2: Nina is land rights, and a big part of land 70 00:03:58,680 --> 00:04:02,840 Speaker 2: rights is how they're pursued in Australia through native title. 71 00:04:04,000 --> 00:04:05,760 Speaker 2: Can you give me a bit of background on what 72 00:04:05,880 --> 00:04:08,360 Speaker 2: native title is and how it came to be. 73 00:04:09,040 --> 00:04:12,040 Speaker 3: Yeah, so we're going to get super deep into the technicalities. 74 00:04:12,080 --> 00:04:15,040 Speaker 3: Don't you worry about that? Good, But on a basic level, 75 00:04:15,520 --> 00:04:19,000 Speaker 3: native title is the recognition that First Nations people have 76 00:04:19,200 --> 00:04:23,120 Speaker 3: rights and interests to land and waters according to traditional 77 00:04:23,160 --> 00:04:25,600 Speaker 3: customs and law. I think a lot of us will 78 00:04:25,760 --> 00:04:28,800 Speaker 3: know about native title because the name Marbo, which at 79 00:04:28,880 --> 00:04:31,599 Speaker 3: least I heard about a lot in school. In nineteen 80 00:04:31,640 --> 00:04:34,479 Speaker 3: eighty two, Eddie Marlbo, a merrier man from the Torres 81 00:04:34,520 --> 00:04:37,000 Speaker 3: Strait Islands, led a group making a case in the 82 00:04:37,080 --> 00:04:40,919 Speaker 3: High Court about their island mayor. Ten years later the 83 00:04:40,960 --> 00:04:43,960 Speaker 3: case was awarded in their favor. A native title was 84 00:04:44,000 --> 00:04:46,440 Speaker 3: determined for the first time in the High Court in 85 00:04:46,560 --> 00:04:49,200 Speaker 3: nineteen ninety two, and of course that case was Marbo 86 00:04:49,320 --> 00:04:52,559 Speaker 3: and Queensland. Then in nineteen ninety three, a year later, 87 00:04:52,760 --> 00:04:56,120 Speaker 3: the Australian Senate passed the Native Title Act that took 88 00:04:56,320 --> 00:04:59,240 Speaker 3: fifty one hours and forty nine minutes of them debating 89 00:04:59,279 --> 00:05:01,279 Speaker 3: it in order to part. And that built on the 90 00:05:01,279 --> 00:05:04,360 Speaker 3: precedent set by Marbo in actually building native title into 91 00:05:04,440 --> 00:05:07,680 Speaker 3: law and setting an actual framework for how fast nations 92 00:05:07,720 --> 00:05:11,839 Speaker 3: people could claim native title going forward. Today, according to 93 00:05:11,880 --> 00:05:16,160 Speaker 3: the National Indigenous Australians Agency, native title is recognized in 94 00:05:16,200 --> 00:05:19,320 Speaker 3: some capacity in about fifty percent of Australia. 95 00:05:19,760 --> 00:05:24,000 Speaker 2: So you've mentioned that this law sets out the framework 96 00:05:24,160 --> 00:05:26,520 Speaker 2: native title. Yeah, but what actually happens when someone is 97 00:05:26,600 --> 00:05:27,960 Speaker 2: granted native title? 98 00:05:28,120 --> 00:05:31,200 Speaker 3: Well I didn't actually realize this, but native title is 99 00:05:31,240 --> 00:05:34,320 Speaker 3: a lot more complicated than who owns what land. It's 100 00:05:34,360 --> 00:05:37,520 Speaker 3: actually more about who has rights to what land. So, 101 00:05:37,640 --> 00:05:41,720 Speaker 3: for example, native title wouldn't necessarily give you ownership of 102 00:05:42,000 --> 00:05:43,760 Speaker 3: a piece of land, but it might give you the 103 00:05:43,839 --> 00:05:47,760 Speaker 3: right to camp, to perform ceremonies, and to protect cultural sites, 104 00:05:47,880 --> 00:05:52,159 Speaker 3: just as an example. It doesn't necessarily transfer ownership. The 105 00:05:52,279 --> 00:05:55,440 Speaker 3: rights which are granted depend on the laws and customs 106 00:05:55,440 --> 00:05:58,880 Speaker 3: of the clan. So when a group makes an application 107 00:05:59,320 --> 00:06:01,760 Speaker 3: for native tipele, they have to prove that they have 108 00:06:01,880 --> 00:06:05,160 Speaker 3: certain customs or certain practices that are related to that land, and. 109 00:06:05,120 --> 00:06:08,000 Speaker 2: Also that they've had a historic tie to that land 110 00:06:08,120 --> 00:06:09,120 Speaker 2: over many years. 111 00:06:09,080 --> 00:06:12,239 Speaker 3: Yeah, that it's continuing. So in most cases, when native 112 00:06:12,279 --> 00:06:16,000 Speaker 3: title is given, it's found to exist alongside other property rights, 113 00:06:16,080 --> 00:06:18,760 Speaker 3: so pastor releases for example, or in the case we're 114 00:06:18,760 --> 00:06:22,239 Speaker 3: going to be speaking about today, mines. And another interesting 115 00:06:22,279 --> 00:06:25,200 Speaker 3: part about all of this is that native title holders 116 00:06:25,279 --> 00:06:29,520 Speaker 3: are entitled to compensation for activities which diminish or damage 117 00:06:29,640 --> 00:06:30,760 Speaker 3: their native title rights. 118 00:06:30,920 --> 00:06:33,679 Speaker 2: So essentially we're talking about the idea that a group 119 00:06:34,000 --> 00:06:36,599 Speaker 2: or an individual can have a native title claim over 120 00:06:36,640 --> 00:06:39,200 Speaker 2: a certain piece of land. Doesn't necessarily mean they own 121 00:06:39,240 --> 00:06:42,160 Speaker 2: the land, but there is then that rights to benefit 122 00:06:42,279 --> 00:06:44,800 Speaker 2: of activities conducted on that land. 123 00:06:44,560 --> 00:06:47,320 Speaker 3: And also continue to practice and practice culture on that land. 124 00:06:47,360 --> 00:06:49,320 Speaker 2: Tell me about what happened in this case. 125 00:06:49,440 --> 00:06:51,920 Speaker 3: So the case we're talking about today with Yenopingu and 126 00:06:51,960 --> 00:06:55,240 Speaker 3: the Gumich Klan. It all started in nineteen sixty eight 127 00:06:55,279 --> 00:06:58,520 Speaker 3: where a mining company began working on the northeast corner 128 00:06:58,600 --> 00:07:02,279 Speaker 3: of Arnham Land in the Northern Territory. So Janipingu, on 129 00:07:02,360 --> 00:07:06,000 Speaker 3: behalf of the Gummich clan, claimed that First Nation's clans 130 00:07:06,080 --> 00:07:08,920 Speaker 3: in that area had need of title over the land 131 00:07:09,480 --> 00:07:12,800 Speaker 3: and as they had never given permission for mining on 132 00:07:12,840 --> 00:07:15,960 Speaker 3: that land to occur, and they therefore say their need 133 00:07:16,000 --> 00:07:19,600 Speaker 3: of title has been impacted, they are entitled to compensation. 134 00:07:19,240 --> 00:07:20,960 Speaker 2: And that was the subject of the case that's in 135 00:07:21,000 --> 00:07:22,240 Speaker 2: the news this week. 136 00:07:22,360 --> 00:07:24,840 Speaker 3: Yeah, they were successful. The Federal Court rules in favor 137 00:07:24,840 --> 00:07:28,120 Speaker 3: of Janapingu and the Gumich clan, meaning they are entitled 138 00:07:28,160 --> 00:07:31,640 Speaker 3: to compensation. We don't know exactly yet how much compensation, 139 00:07:31,920 --> 00:07:34,040 Speaker 3: but by some estimates it could be as much as 140 00:07:34,040 --> 00:07:35,440 Speaker 3: seven hundred million dollars. 141 00:07:35,520 --> 00:07:37,160 Speaker 2: That's a heap of money. And I'm sure there are 142 00:07:37,200 --> 00:07:41,800 Speaker 2: other places in Australia where the same kind of dynamics exist. 143 00:07:42,480 --> 00:07:45,480 Speaker 2: Is this case going to have any impact on other 144 00:07:45,520 --> 00:07:46,920 Speaker 2: situations around Australia. 145 00:07:47,440 --> 00:07:49,920 Speaker 3: Well, the reason I found this case really interesting is 146 00:07:49,960 --> 00:07:52,600 Speaker 3: because of the president. Legal experts think this will set 147 00:07:52,920 --> 00:07:55,960 Speaker 3: not necessarily in the rest of Australia, but specifically in 148 00:07:56,000 --> 00:07:58,840 Speaker 3: the Northern Territory. Right bear with me, you're the lawyer here, 149 00:07:58,960 --> 00:08:00,480 Speaker 3: not me. So it took me a while to get 150 00:08:00,520 --> 00:08:03,080 Speaker 3: my head across this, but this is my understanding of 151 00:08:03,520 --> 00:08:06,480 Speaker 3: why this is such an important case. First of all, 152 00:08:06,680 --> 00:08:10,400 Speaker 3: compensation and native title claims are pretty new. Like I said, 153 00:08:10,440 --> 00:08:13,440 Speaker 3: we've been hearing about native title since marlbo in nineteen 154 00:08:13,480 --> 00:08:16,760 Speaker 3: eighty two. But the idea that native titleholders could be 155 00:08:16,800 --> 00:08:20,600 Speaker 3: compensated when the native title has been you know, quote 156 00:08:20,640 --> 00:08:23,920 Speaker 3: diminished or damaged, that's a pretty new idea. The first 157 00:08:23,920 --> 00:08:27,120 Speaker 3: time compensation was actually given was only in twenty thirteen. 158 00:08:27,600 --> 00:08:30,200 Speaker 3: The other thing to keep in mind is that before 159 00:08:30,280 --> 00:08:34,320 Speaker 3: this Yenopingu claim, there haven't been any successful compensation claims 160 00:08:34,400 --> 00:08:39,520 Speaker 3: for decisions regarding the NT before nineteen seventy eight. So 161 00:08:39,679 --> 00:08:43,040 Speaker 3: groups or individuals who are now saying, well, we have 162 00:08:43,080 --> 00:08:44,880 Speaker 3: a claim to native title, or we could have a 163 00:08:44,960 --> 00:08:48,280 Speaker 3: claim to native title in the Northern Territory, but it 164 00:08:48,360 --> 00:08:51,640 Speaker 3: depends on proving that native title before nineteen seventy eight. 165 00:08:51,880 --> 00:08:54,240 Speaker 3: There is now legal precedent for those people to come 166 00:08:54,240 --> 00:08:57,440 Speaker 3: forward and say we have grounds for compensation and that 167 00:08:57,440 --> 00:08:59,640 Speaker 3: could mean a whole bunch of legal cases coming forward. 168 00:08:59,679 --> 00:09:01,280 Speaker 3: And I think think that the language that was being 169 00:09:01,360 --> 00:09:02,920 Speaker 3: used in the core case was like this could have 170 00:09:02,960 --> 00:09:04,960 Speaker 3: a huge impact on the law moving forward. 171 00:09:05,000 --> 00:09:07,080 Speaker 2: But I'm sure the only thing on the minds of 172 00:09:07,440 --> 00:09:10,760 Speaker 2: Unipinghu's family and community this week is just celebrating this 173 00:09:10,840 --> 00:09:11,679 Speaker 2: win and. 174 00:09:11,640 --> 00:09:14,440 Speaker 3: Also celebrating the fact that Fiona Pingu it was a 175 00:09:14,440 --> 00:09:18,520 Speaker 3: continuation of his legacy, and Gumash clan leader Jawa Yuinapingu, 176 00:09:18,840 --> 00:09:22,120 Speaker 3: after their victory in court, said, although my brother did 177 00:09:22,200 --> 00:09:24,719 Speaker 3: not live to hear today's judgment, he would have been 178 00:09:24,760 --> 00:09:28,760 Speaker 3: pleased that the Federal Cause decision recognized the fundamental right 179 00:09:28,920 --> 00:09:33,760 Speaker 3: of First Nations people to be treated equally by Australian law. 180 00:09:38,040 --> 00:09:40,480 Speaker 2: Thank you so much for joining us on the Daily OS. 181 00:09:40,920 --> 00:09:43,480 Speaker 2: If you learn something from today's episode, don't forget to 182 00:09:43,559 --> 00:09:46,800 Speaker 2: send it to a friend. That is how TDA grows 183 00:09:46,880 --> 00:09:48,520 Speaker 2: and how we can keep rocking up to work and 184 00:09:48,559 --> 00:09:51,880 Speaker 2: making new episode for you every weekday morning. We'll be 185 00:09:51,960 --> 00:10:00,440 Speaker 2: back again tomorrow. Until then, have a great day.