Media Release
Brisbane, 8 December 2017. Traditional Owners of the Wangan and Jagalingou (W&J) Traditional Owners Family Council say they are troubled by the decision of the National Native Title Tribunal (NNTT) to register an Indigenous Land Use Agreement (ILUA) for Adani before a legal challenge to the ILUA scheduled for March 2018 can be heard in the Federal Court.
W&J representatives say they have never given consent or signed the ILUA and are not bound by it. The ILUA was rejected by W&J again at a claim group meeting only days ago.
Representatives of the native title claim group have filed an application in the Federal Court for an injunction against Adani and the Queensland Government, to restrain them should they attempt to use the registration of the ILUA to extinguish their native title, under its terms, before their challenge is resolved in the courts.
Wangan and Jagalingou (W&J) Traditional Owners Council Spokesperson Adrian Burragubba said, “We expected the Native Title Tribunal to tick the boxes and register Adani’s sham land use agreement. It is still subject to a legal challenge in March 2018 and we will pursue this and seek to reverse any decisions that are made in the meantime.
“Our lawyers are immediately writing to the state government and are urgently pursuing an injunction. Our legal team have prepared for the eventuality that the tribunal would place the ILUA on the register.
“The tribunal knew this was not a clean process or an uncontested document, and despite receiving evidence this week that the Claim Group had de-authorised the ILUA, they proceeded to register it. We are looking at our options for judicial review of the Tribunal decision,” Mr Burragubba concluded.
Linda Bobongie, the Coordinator for the W&J Applicant, one of the convenors of the claim group meeting last weekend, and Chairperson of the W&J Traditional Owners Council, said, “It is a matter of justice that W&J’s court challenge to this ILUA be heard before the state acts to extinguish our native title for the mine. Our lawyers are seeking a response from the new Queensland Government that they will not act on any provisions of this ILUA document that will harm our rights or lead to the destruction of our country and heritage.
“We are contesting Adani’s purported land use agreement in the courts, and the Government would have its thumb on the scales of justice if it moved to support the mine and extinguish our native title before the trial. We have said no. The Government and Adani do not have our consent”, Ms Bobongie concluded.
Media contact: Anthony Esposito, W&J TO Council advisor – 0418 152 743.
Background
On 2 December, for the fourth time since 2012, W&J Traditional Owners voted unanimously at an authorisation meeting of the claim group to reject an Indigenous Land Use Agreement (ILUA) with Adani, underlining their sustained opposition to the mine.
The claim group meeting put beyond any doubt that the Wangan and Jagalingou Traditional Owners Council speaks for the claim group against the Adani mine. The authorisation meeting passed a resolution to confirm that the Council advocates for the traditional culture of the claim group, and supports the W&J people to remain connected to our country.
The Traditional Owners have filed an application for an injunction in the Federal Court against Adani and the Queensland Government, to restrain them should they attempt to extinguish their native title, under the ‘Adani ILUA’, before the Federal Court hearing of W&J’s litigation against the purported ILUA, set for March 2018.
The W&J Council will fight all the way to the High Court if necessary to defend their rights and protect their country from the destruction of the Carmichael Mine.
Further background to Adani’s attempts to gain an ILUA
ABC News –
1 Dec 2017: Adani’s compensation for traditional owners ‘well below’ industry standard, report finds
2 Dec 2017: Adani accused of paying people to stack its meeting on crucial mine deal
3 Dec 2017: Adani mine: Traditional owners aiming to block native title ruling on mine site
Resolutions of the W&J authorisation meeting on the Adani ILUA, 2 December 2017 –
3 Dec 2017: W&J media release
