In a ground-breaking decision, an Australian federal judge has found in favor of an Aboriginal land claim that would give the Noongar people native title to an area of 2,300 square miles, including offshore islands and the city of Perth, which has a population of 1.7 million. The ruling, which was handed down on September 19, drew cheers from the 100 Noongar who were present, and cries of outrage from the state government.
Representatives of both sides reassured Perth property owners that the ruling does not threaten their homes and businesses. In Australian law, native title—indicating traditional Aboriginal occupation and use—is trumped by freehold title, the private ownership that applies to most houses and commercial buildings. As a result of that hierarchy, the only land practically affected by the ruling is public land like parks and nature reserves. The Noongar, however, consider the ruling a cultural and legal victory and an acknowledgment of their rights.
The state government would like to see that victory reversed. Western Australia Deputy Premier Eric Ripper said that, "the state government does not accept today's ruling" and will appeal it. Without apparent irony, Ripper said that the Noongar's native title was invalid because their society had suffered too much disruption over the years and was no longer a viable culture—a requirement of the native title legislation. For their part, the Noongar, who number 27,000 people, said they hoped to use their resources to pursue further land claims, rather than fighting an appeal.
