Australian court orders rethink of Aboriginal rights to city

[Jahness]

Australian court orders rethink of
Aboriginal rights to city



Australia's Federal Court on Wednesday upheld a government appeal against the granting to Aborigines of native title over one of the country's major cities, Perth.

The full bench of the court did not go so far as to rule native title no longer existed over Perth, opting instead to refer the question back for another hearing, the national AAP news agency reported from Perth.

In September 2006, a judge handed down a surprise ruling that the area on which the city was built belonged to the indigenous people who lived there before white settlers arrived.

The government appealed the decision, saying it had created uncertainty over the future of state land across the country.

The attorney-general at the time, Philip Ruddock, warned that access for non-indigenous people to public open spaces, including parks and beaches, could be blocked by Aborigines.

While the ruling was a landmark in Australian legal history, it did not mean the local Noongar people would be able to claim private property, and rights groups accused Ruddock of scaremongering.

The three appeal judges ruled Wednesday that the court had made two errors in law involving the basis of the claim, and ordered that the case be reheard.

The government had asked for a ruling that there was no native title over Perth but the appeal judges decided they did not want to take that course.

The new centre-left government which took power in elections last November said it would carefully examine the detail of the decision.

"I have made clear the government's preference, wherever possible, for resolving these issues through negotiation rather than litigation," said Attorney-General Robert McClelland.

The chairman of the South West Aboriginal Land and Sea Council which led the Perth claim, said it was a frustrating decision for the Noongar people.

"They do feel disappointed. It's been years of hard work," Ted Hart told reporters outside the court.

"But I think they've got some hopes with the decision that we can still go on fighting, and we will."

The final outcome of the Perth case will be watched carefully by groups involved in claims still to be decided across the country, including some for parts of other major cities, including Sydney.

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