Details

Creator
Australia. Office of the Aboriginal Land Commissioner
Title
Upper Daly land claim. Volumes 1, 2 and 3 : report by the Aboriginal Land Commissioner, Justice Kearney, to the Minister for Aboriginal Affairs and to the Administrator of the Northern Territory
Call Number
Nq 328.94 AUS
Created/Published
Canberra : Australian Govt. Pub. Service, c1991
Pages
178
View Catalogue

Contents

Upper Daly Land Claim Volumes 1, 2 and 3 Report by the Aboriginal Land Commissioner to the Minister for Aboriginal Affairs and to the Administrator of the Northern Territory 1
Upper Daly Land Claim Volumes 1, 2 and 3 Report No. 37 Report by the Aboriginal Land Commissioner, Justice Kearney, to the Minister for Aboriginal Affairs and to the Administrator of the Northern Territory 3
CONTENTS 11
VOLUME 1 The Yubulyawun Claim HISTORY OF THE YUBULYAWUN CLAIM 17
STATUS OF THE CLAIM AREA 19
HISTORY OF THE CLAIMANTS AND THE CLAIM AREA 20
THE CLAIM AREA: LOCATION AND TOPOGRAPHY 20
THE CLAIMANTS: A LOCAL DESCENT GROUP? 22
COMMON SPIRITUAL AFFILIATIONS TO SITES 23
PRIMARY SPIRITUAL RESPONSIBILITY FOR SITES AND LAND 25
ENTITLEMENT TO FORAGE 27
STRENGTH OF TRADITIONAL ATTACHMENT 27
‘TRADITIONAL ABORIGINAL OWNERS’: CONCLUSIONS 27
FINDINGS 28
LIVING ON TRADITIONAL COUNTRY 28
MATTER FOR COMMENT 30
RECOMMENDATIONS 30
EFFECT OF GRANT ON PATTERNS OF LAND USAGE 32
SUMMARY OF FINDINGS, RECOMMENDATIONS AND COMMENTS 33
LEGAL REPRESENTATIVES 34
CONSULTANT ANTHROPOLOGIST 35
LIST OF EXHIBITS 35
LIST OF WITNESSES 35
APPENDIX 1: Locality of the three areas claimed 39
APPENDIX 2: The land claimed by the Yubulyawun subgroup ot the Wardaman language group, being part of Area 1. 40
APPENDIX 3: Dorisvale fencing in vicinity of claim area. 41
APPENDIX 4: Roads Nos. 11, 12, 13 and 18 north of the claim area. 42
VOLUME 2 The Labarganyayn Claim HISTORY OF THE LABARGANYAYN CLAIM 43
STATUS OF THE LABARGANYAYN CLAIM AREA 46
THE CLAIM AREA: LOCATION AND TOPOGRAPHY 46
HISTORY OF THE CLAIMANTS AND THE CLAIM AREA 47
THE CLAIMANTS’ CASE 51
ENTITLEMENT TO FORAGE 57
CONCLUSIONS ON TRADITIONAL ABORIGINAL OWNERSHIP 58
FINDINGS 59
STRENGTH OF TRADITIONAL ATTACHMENT 60
DESIRE TO LIVE ON THE CLAIM AREA 61
RECOMMENDATIONS 61
MATTERS FOR COMMENT 62
EFFECT OF GRANT ON PATTERNS OF LAND USAGE IN REGION 64
SUMMARY OF FINDINGS, RECOMMENDATIONS AND COMMENTS 64
CONSULTANT ANTHROPOLOGIST 65
LEGAL REPRESENTATIVES 65
LIST OF WITNESSES 65
LIST OF EXHIBITS RELEVANT TO THE LABARGANYAYN CLAIM 66
APPENDIX 1: The land claimed by the Labarganyayn claimant group, being part of Area 1; the delineation of its boundary with land solely claimed by the Wagiman is approximate only, as is the internal boundary of the ‘box up’ area. 69
APPENDIX 2: Tipperary Station, prior to subdivision in 1978 into Forster, Litchfield, Elizabeth Downs, Fish River and Tipperary Pastoral Leases. 70
APPENDIX 3: Rough sketch of tribal distribution derived from Map. No. 7 in the Daly River (Malak Malak) Claim Book, based on Stanner’s field notes and map of the 1930s. 71
VOLUME 3 The Wagiman Claim HISTORY OF THE INQUIRY INTO THE WAGIMAN CLAIM 73
STATUS OF THE WAGIMAN CLAIM AREA 78
HISTORY OF THE CLAIMANTS AND THE CLAIM AREA 81
THE CLAIM AREA: LOCATION AND TOPOGRAPHY 81
THE CLAIMANTS’ CASE 91
ENTITLEMENT TO FORAGE 102
STRENGTH OF TRADITIONAL ATTACHMENT 103
FORMAL FINDINGS 106
LIVING ON TRADITIONAL LAND 109
MATTERS FOR COMMENT—GENERAL 110
MATTER FOR COMMENT—DETRIMENT 111
MATTER FOR COMMENT—NUMBER OF ABORIGINALS ADVANTAGED AND NATURE AND EXTENT OF ADVANTAGE: s.50 (3) (a) 111
MATTER FOR COMMENT—EFFECT ON EXISTING OR PROPOSED PATTERNS OF LAND USAGE 118
SUMMARY OF FINDINGS, RECOMMENDATIONS AND COMMENTS 150
CONSULTANT ANTHROPOLOGIST 153
LEGAL REPRESENTATIVES 153
LIST OF WITNESSES CLAIMANTS 153
OTHER WITNESSES 154
LIST OF EXHIBITS RELEVANT TO WAGIMAN CLAIM 155
APPENDIX 1 QUESTION OF ADMISSIBILITY OF NORTHERN TERRITORY GOVERNMENT MATERIALS DIRECTED TO ESTABLISHING DETRIMENT 161
APPENDIX 2: Plan of the lands claimed solely by the Yubulyawun subgroup, the Labarganyayn subgroup and by the Wagiman group. The Wagiman and the Labarganyayn both claim the ‘box-up’ area. 167
APPENDIX 3: Map of sites referred to by claimants during site tours in July and September 1984. The numbering follows the numbering in Exhibit 13. 168
APPENDIX 4: Roads and tracks within the claim area. 169
APPENDIX 5: Old map showing some locations of historic mining importance in the vicinity of Areas 3 and 4. “Warra Gorge” is Umbrawarra Gorge. 170
APPENDIX 6: Map showing boundaries of grazing licences within claim area, when claim lodged. GL 2074 and GL 2105 are no longer in force, and GL 2082 is replaced by GL 2141. 171
APPENDIX 7: Areas with land units of favourable capability for improved pasture production in Fish River Pastoral Lease and in claim area between Fish River and Dorisvale Pastoral Leases. 172
APPENDIX 8: Areas with land units of favourable capability for crop production in Fish River Pastoral Lease and in claim area between Fish River and Dorisvale Pastoral Leases. 173
APPENDIX 9: Map showing the 6 ADMA project farms in the Douglas-Daly area and locations of other possible farms based on soil mapping. 174
APPENDIX 10: Map showing location of Wagiman, Yubulyawun and Labarganyayn sites named in site list Exhibit 92. 175
APPENDIX II: Land recommended for Grant Volumes 1,2 and 3 176

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http://nla.gov.au/nla.obj-1827305893

APA citation

Australia. Office of the Aboriginal Land Commissioner & Kearney, William & Australia. Department of Aboriginal Affairs & Northern Territory. Administrator & Australia. (1991). Upper Daly land claim. Volumes 1, 2 and 3 : report by the Aboriginal Land Commissioner, Justice Kearney, to the Minister for Aboriginal Affairs and to the Administrator of the Northern Territory Retrieved August 8, 2020, from http://nla.gov.au/nla.obj-1827305893

MLA citation

Australia. Office of the Aboriginal Land Commissioner, Kearney, William, Australia. Department of Aboriginal Affairs, Northern Territory. Administrator and Australia. Upper Daly land claim. Volumes 1, 2 and 3 : report by the Aboriginal Land Commissioner, Justice Kearney, to the Minister for Aboriginal Affairs and to the Administrator of the Northern Territory Canberra: Australian Govt. Pub. Service, 1991. Web. 8 August 2020 <http://nla.gov.au/nla.obj-1827305893>

Harvard/Australian citation

Australia. Office of the Aboriginal Land Commissioner & Kearney, William & Australia. Department of Aboriginal Affairs & Northern Territory. Administrator & Australia. 1991, Upper Daly land claim. Volumes 1, 2 and 3 : report by the Aboriginal Land Commissioner, Justice Kearney, to the Minister for Aboriginal Affairs and to the Administrator of the Northern Territory Australian Govt. Pub. Service, Canberra viewed 8 August 2020 http://nla.gov.au/nla.obj-1827305893

Wikipedia citation

{{Citation
  | author1=Australia. Office of the Aboriginal Land Commissioner.
  | author2=Kearney, William.
  | author3=Australia. Department of Aboriginal Affairs.
  | author4=Northern Territory. Administrator.
  | author5=Australia.
  | title=Upper Daly land claim. Volumes 1, 2 and 3 : report by the Aboriginal Land Commissioner, Justice Kearney, to the Minister for Aboriginal Affairs and to the Administrator of the Northern Territory
  | year=1991
  | section=3 v. in 1 (xiii, 158 p.) : maps (some col.) ; 25 cm.
  | isbn=064413755X
  | series=Report (Australia. Office of the Aboriginal Land Commissioner) ;
  | issue=PP no. 126 of 1992, Report no. 37
  | location=Canberra
  | publisher=Australian Govt. Pub. Service
  | url=http://nla.gov.au/nla.obj-1827305893
  | id=nla.obj-1827305893
  | access-date=8 August 2020
  | via=Trove
}}

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