Peninsula included in prospective claim

The Peninsula has been included in a prospective Native Title claim by the Awabakal and Guringai Peoples.

They have given notice that they intend to file a claim for Native Title over the area from Broken Bay to Maitland, including the Peninsula area.

The notice invited descendants of the Awabakal and Guringai Peoples' ancestors, in addition to other Aboriginal persons who believe they have Native Title rights within the area, to attend a meeting at Cameron Park Community Centre on Sunday, May 5, convened by the Awabakal and Guringai Peoples.

Persons of non-indigenous descent were not invited.

The notice stated that the meeting's agenda would include discussion of the decision-making process to be implemented: presentation of anthropological evidence to support the proposed claim, authorisation of a Native Title Determination to be filed with the Federal Court, authorisation of the applicant to act on behalf of the Awabakal and Guringai Peoples, and clarifying the extent of the applicant's authority.

Under NSW law, Darkinjung Land Council holds the Land Rights to the areas which stretch from Catherine Hill Bay to the north, Hawkesbury River to the south, Pacific Ocean to the east and Watagan Mountains to the west, and is able to claim vacant crown land within these boundaries.

When asked for comment on the impact of the Awabakal and Guringai Peoples' intent to apply for Native Title, Darkinjung Land Council CEO Mr Sean Gordon said that Darkinjung would not be impacted and is not impacted by any Native Title claim that may be placed on the land today or in 20 years.

Community member of Darkinjung Mr Gavi Duncan said that he believed the claim would be unsuccessful.

"Native Title says that you need to provide evidence of a continuous physical, ceremonial, spiritual relationship with the land, and they haven't had that at all," said Mr Duncan.

"Guringai was something that was created by Warren Whitfield here on the Coast a number of years back.

"He and a Gosford Council employee basically claimed that this area was occupied by the Guringai Group.

"The Guringai Group was created by non-Aboriginal people, and Aboriginal people have never recognised any Aboriginal group called Guringai.

"On the Northern Beaches, they have a Ku-ring-gai National Park, which was named by Europeans.

"Guringai is just a word or a language that was spoken," he added.

Mr Duncan said that the Darkinjung People had not initiated a Native Title claim over their land as they were unable to prove the unbroken spiritual, ceremonial and physical connection to the land.

The NSW Aboriginal Land Rights Act was established in 1983 to provide Aboriginal people with compensation for the loss of land by giving the holder the right to build an economic base through land sales.

Native Title is federal legislation which was established in 1993 to recognise peoples' traditional connection to land, and it does not confer ownership of the land but allows Native Title holders to negotiate with mining companies for royalties.

Kaitlin Watts and Harley Cattini, 24 Apr 2013

Interviewees: Steve Gordon and Gavi Duncan