12 February 1999 




Negotiation led to success in Torres Strait native title claims

The two successful native title claims in the Torres Strait announced today
are not only historically significant but are also further evidence of the
benefits of negotiated outcomes, ATSIC Chairman Gatjil Djerrkura said. 

"I welcome wholeheartedly the Federal Court's recognition of the native
title rights of the Mualgal people of Moa Island and of the Saibai people of
the Saibai, Mawalmay Thoera, Thawpay Kawamag and Kuykuthal Kawamag islands,"
Mr Djerrkura said.

"These determinations are especially timely given the current debate about a
new preamble for our nation. 

"I want to congratulate the Mualgal and Saibai peoples on their successes
and on their commitment to negotiation.  The agreements resulting from this
process give clarity and certainty to the rights and interests of all
parties - Torres Strait Islanders, government agencies, the fishing industry
and people from Papua New Guinea.

"But I also want to acknowledge the positive roles played by the Queensland
government and its agencies in committing themselves to the mediation
process.

"Queensland leads the nation in consent determinations.  Four out of the
five consent determinations reached so far have occurred in Queensland."

Today's determinations are the first in the Torres Strait since the Mabo
decision established the principle of native title in Australia's legal
lexicon.

"Torres Strait Islander culture is strong and vibrant, but today's
determinations give the culture legal recognition and protection that is not
possible otherwise," Mr Djerrkura said.

"I note that the Torres Strait Regional Authority, representing the Saibai
native title holders, hopes to use the successful Saibai claim as the model
for efficient claims across the region.  I endorse their plan and I urge all
Native Title Representative Bodies to study this success as an aid to
improving other claims."


                                Media contacts:

                                Brian Johnstone         0419 010 687
                                Martin Freckmann                018 631 045


Craig Sproule
Craig Sproule
Office of Public Affairs
Ph: 02 6289 3450
Fax: 02 6282 2854

[EMAIL PROTECTED]



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