Widjabul Wia-bal People – notice under the Native Title Act

Notice is given on the proposal to make an agreement under section 47C(6)(a) of the Native Title Act 1993 (Commonwealth) covering land within parks and reserves in northern New South Wales, located to the south-west of Ballina and to the north-west of Byron Bay.

The proposed agreement would enable the Federal Court to disregard prior extinguishment of native title within the proposed agreement area and make a determination acknowledging that Widjabul Wia-bal hold native title rights and interests in that area.

This notice is to give any interested people an opportunity to comment on the proposed agreement.

Notice of the intention to enter into an agreement under section 47C(6)(a) of the Native Title Act 1993 (Commonwealth) with the Widjabul Wia-bal covering the same parks and reserves was previously given on 17 and 25 November 2021, however the determination of native title over those areas did not proceed at that time.

Proposed agreement

The Attorney General, as state minister responsible for native title in New South Wales, is proposing, at least 3 months from the date of this notice, to enter into an agreement under section 47C of the Native Title Act 1993 (Commonwealth) (the proposed agreement) with the Widjabul Wia-bal. The Widjabul Wia-bal will file a further native title determination application in the Federal Court over the parks and reserves comprising the proposed agreement area, seeking a determination that native title exists within the proposed agreement area.

If the proposed agreement under section 47C is entered into and the Federal Court makes a determination of native title, any historical extinguishment of native title will be disregarded in the proposed agreement area.

Proposed agreement area

The proposed agreement area will cover parts of the national park estate in northern New South Wales within the new Widjabul Wia-bal claim area, where native title has been historically extinguished, including areas subject to public works:

• Boatharbour Nature Reserve
• Tuckean Nature Reserve
• Muckleewee Mountain Nature Reserve
• Goonengerry National Park
• Victoria Park Nature Reserve
• Mount Jerusalem National Park
• Nightcap National Park
• Davis Scrub Nature Reserve
• Snows Gully Nature Reserve
• Tucki Tucki Nature Reserve
• Andrew Johnson Big Scrub Nature Reserve
• Whian Whian State Conservation Area.

Effect of the proposed agreement

Under the proposed agreement, the National Parks and Wildlife Service will continue to operate and manage the national park estate. If made, the determination of native title will not affect public access or any existing valid interests (such as leases or licences) in relation to the proposed agreement area. It will also not affect the continued reservation of the national park estate or access to, or operation of, public works in the park estate.

Map of proposed agreement area

What will happen after the notification period ends?

At the end of the public comment period the NSW Government will review all comments received and take them into consideration when deciding whether to enter into the section 47C agreement.

Comment on the proposed agreement

You can comment on the proposed agreement between 18 January 2024 and 17 April 2024.

To give us feedback, please send a written comment by:

• Post your written submission to:
  Area Manager, NPWS Richmond River Area office
  PO Box 856
  Alstonville NSW 2477
• Email your submission to: [email protected]
• Use the online form below.

Written comments must be received by 17 April 2024.

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