Barkandji
Native Title

Barkandji Native Title Claim

What are native title rights? 

Native title rights are the recognition of the rights and interests of Aboriginal and Torres Strait Islander Peoples in land and waters according to their traditional laws and customs. 

Background to Barkandji native title claim

The Federal Court of Australia recognised the native title rights of the Barkandji and Malyangapa Peoples on 16 June 2015.  This application was first filed on 8 October 1997. 

What does the Federal Court decision say?

The Federal Court decision means that the white legal system and the State of NSW recognise that Barkandji Traditional Owners have, and always have had, native title rights and interests in land within the determination area.

What can I do as a Barkandji native title holder?

Barkandji and Malyangapa People have the right to do the following things on land where native title exists:

1. enter, travel over and remain on native title land;

2. take and use the natural resources (other than water) of the native title land;

3. take and use the water of the native title land for personal, domestic and communal purposes (including cultural purposes and for watering native animals, cattle and other stock, and watering gardens not exceeding 2 hectares).  But native title holders cannot control the use and flow of the water in any rivers or lakes which flow through or past or are located within the land of two or more occupiers;

4. camp and erect temporary shelters and temporary structures in native title land;

5. light fires in native title land for domestic purposes, but not for the clearance of vegetation;

6. engage in cultural activities on the land, to conduct ceremonies, to hold meetings, and to participate in cultural practices relating to birth and death including burials on the native title land;

7. maintain and to protect from physical harm sites and places of importance in the native title land which are of significance to the Barkandji and Malyangapa People under their traditional laws and customs;

8. teach on native title land the physical, cultural and spiritual attributes of places and areas of importance on or in the native title land;

9. hunt in native title land;

10. fish in native title land; and

11. be accompanied on native title land by persons who, though not native title holders, are:

a. spouses, partners or parents of native title holders, together with their children and grandchildren;

b. people whose presence is required under traditional laws and customs for the performance of cultural activities, practices or ceremonies;

c. people requested by the native title holders to assist in, observe or record cultural activities, practices or ceremonies.

Can I do those things wherever I want?

No – you only have the right to exercise native title rights over land where native title exists.

Who are the Barkandji and Malyangapa native title holders?

Native title rights are held by Barkandji and Malyangapa People who are descended of the following people:

1. Manfred Mary/Mary Johnson/ Mary Brodie,
2. Manfred Tommy,
3. Louisa Brown,
4. Cuthero Jack Brown,
5.  Susan/Annie Webster,
6.  Bill Webster,
7. Harry Whyman,
8. Kate Whyman,
9.  Louisa Mclean,
10. Alec Mclean,
11. Nganya,
12. Sarah Cabbage,
13. Harry Mitchell,
14. Daniel McGregor,
15. Lucy Benson,
16. Jack "Doctor" Benson,
17. Crancey,
18. Jack Tyler,
19. Taylor Matjulum Gibson,
20. Tottie Gibson,

Native title rights are also held by people who are not descended from these people, but who are have been adopted into the families of those people who identify as, and are accepted as, members of the Barkandji and Malyangapa People in accordance with Barkandji and Malyangapa traditional laws and customs (and the biological descendants of any such adopted persons).