I wonder what would happen if we tried to ban aborigines from Bondi.

High Court to determine Aboriginal right to exclude public from popular camping beaches

https://www.abc.net.au/news/2019-06-27/legal-fight-for-beaches-in-high-court/11245540

Many Australians regard the beach as a place that belongs to everyone, where no-one can be excluded. But the truth of that notion is on its way to be tested by the High Court.

But that decision is being appealed in the High Court by the Federal and WA Governments, and the outcome will be the final word on whether native title can trump public access on an Australian beach.

The High Court is expected to hear the appeal later this year.

Time for change

CEO of the Kimberley Land Council (KLC) Nolan Hunter said the idea that the beach belongs to no-one was a hangover from terra nullius and our colonial history of not recognising Aboriginal ownership of land.

"This is about how the people should not take it for granted that Aboriginal people are just here to be abused, or taken advantage of, or dispossessed," Mr Hunter said.

"It doesn't make it right that people's access to beaches are far greater than people's access to be recognised as the people for the land that they've been connected to for thousands of years."

Mr Hunter hoped a growing understanding of Indigenous connection to country would help avoid this issue becoming an ugly fight between Aboriginal people and the general public.

"The whole point of recognising native title is that people have the ability to make decisions for their land," he said.

"You can't on the one hand say yes we recognise that you have exclusive possession native title, but it doesn't mean anything because anybody should be able to go there."

Preserving public access

The Federal Court finally determined exclusive possession last year over a 40-kilometre stretch of coast from Willie Creek, north of Broome, to Coulomb Point, 26 years after the first claim was made.

The initial determination also included public access rights to the beaches alongside the traditional owners' exclusive possession.

But the legal basis for this public access was appealed by the Bindunbur and Jabirr Jabirr/Ngumbarl traditional owners, and in December 2018 the Full Federal Court upheld that appeal and removed the right of public access to beaches, waterways, marshes, and riverbanks.

Although this stretch of coast is a popular camping and fishing destination used by Broome locals and squadrons of visiting caravaners and four-wheel drivers, this access had no legal basis such as being gazetted for recreational or conservation purposes.

Last week the High Court granted leave to the Federal and WA Governments to appeal the Federal Court's decision to remove public access rights to this area.

The Attorney-General's office declined to be interviewed about this appeal, but provided a statement to the ABC.

"We are arguing in support of the access clause being consistent with provisions in the Native Title Act which allows governments to confirm existing ability of the public to access and enjoy waterways and coastal areas," the statement read in part.

The WA Minister for Aboriginal Affairs and Lands, Ben Wyatt, also declined to be interviewed on this issue, but also provided a statement.

"The state always seeks to maintain public access rights to beaches and waterways as a part of determinations of native title," the statement read in part.

"We also need to ensure that Aboriginal interest holders who are not native title holders also have their rights of access to these public places protected."

Is existing beach access a legal right?

The High Court's decision about the public's right to access the beach will come down to one section of the Native Title Act, and what is meant by public access, according to president of the WA Law Society and native title expert Greg McIntyre.

"It says a law of the Commonwealth, a state or a territory can confirm any existing public access to and enjoyment of waterways, coastal waters, beaches," Mr McIntyre said.

"Public access is not a very often used legal term, and whether it overcomes the right of exclusive possession is, I think, what they're wanting to test in this appeal."

He doubts that public access will trump exclusive possession in this case because of the lack of a legal basis.

Mr McIntyre said the idea that this could set a precedent for widespread banning of the public from beaches was not likely.

"Theoretically it's possible for native title to exist on beaches because they aren't generally privately owned," he said.

But the requirement of the Native Title Act to demonstrate ongoing connection of a continuous cultural tradition often prevents native title being granted in the first place.

Even if the High Court upholds the exclusive possession in the case of the beaches north of Broome, it remains to be seen how traditional owners may use that right.

"It depends upon the attitude of the title holders as to whether they're going to exercise those rights," Mr McIntyre said.

Mr Hunter said it remained to be seen how traditional owners will use their right to exclude the public from the beaches north of Broome, should the High Court find in their favour.

The KLC website suggests the implementation of visitor permits and the establishment of Indigenous ranger groups are possible outcomes.

Give the Abbos an inch and they take a mile.

Abbos are racist but they don't mind collecting all the social security money from white fellas.

Bobby. wrote on Jun 30^th, 2019 at 11:02am:


That diff'runt, Bro - dey got dat  'ditional raght over dat rent money dere.... monetary secred saght .... pay dat rent an' be 'appy we only take what we want from you, Honkey .... one way or d'udda...

Ah git da gu'ment t' declare 'im a secred saght... Dead Falcon Easy!!

Mr Hammer wrote on Jun 30^th, 2019 at 11:05am:


The Maoris did the same shite in New Zealand.

Mt Eden in Auckland was a major tourist destination.
It provides magnificent views all over Auckland & the harbor.
You used to be allowed to drive to the top
where there is a large car park.

Then the Maoris decided it was a sacred site and now you have to park
your car below the peak and do an agonising walk to the top
which anyone older than 35 would find very difficult to do.
I'm surprised that older people haven't had heart attacks trying.
Maybe they have and it's all been hushed up?

Just the parasites trying, yet again, to make justification for the 30 billion dollars we throw at the worthless creatures every year.

An abbo went into centafink one day
He said "I'm looking for a job"
The centafink worker scanned the area looking for cameras.
"What skills do you have" She asks.
"I can drive, says the abbo"

The centafink worker scanned the papers on her desk, she said
" I have one here for a driver, $100.000.00 a year 3 days a week with free accomodation"
The abbos eyes light up.
"Your kidding" he says

"Well you started it" Said the centalink worker.

I accepted Goodsey into  my mob and tribal lands (NoBo) so why can't that mob allow a few whites on their beach,

John Smith wrote on Jun 30^th, 2019 at 8:18pm:


... and all on the side of the perceived wisdom on any issue....  and no way inclusive of any other position ...

Be nice to have an open forum where all views are valued equally..... not just feminist, Aboriginal, ethnic, certain religious, gay alphabet etc .....

Be nice to have a differing view treated as an equal, don' cha think?  You first ......

John Smith wrote on Jun 30^th, 2019 at 8:18pm:


Where is here and who are you calling a bitch?

Captain Caveman wrote on Jul 1^st, 2019 at 4:35am:


Being an abbo is akin to a free ride on the public purse for life.
6% of abbos work,
That's quite an achievement for a collection of parasites.

It's time to get them to stand on their own two feet..
Cut off the tit, and let them succeed or fail as a race, by their own volition.
We are in the 21st century, how about  after 200 years, they learn to be a contributing group.

Spoiling a retarded child only gets you one thing
A spoilt retarded child

do we know who exactly has dreamed this one up?..


I would like to see their faces...

we [whites] appear to be the enemy...


they are biting the hand that feeds them.

what next! I wonder?

The Aboriginal right to beaches is historic and precedes the existence of white governments in Australia.

The Supreme court will find in favor of the Aboriginals as the lower court has done.

Laugh till you cry wrote on Jul 1^st, 2019 at 12:09pm:


Yeah but not with whitemans guns, aluminium spears, boats, outboards & mono nets.

How about that use be removed? 

I know, right. No way is it that high.

People who usually work 35 hours or more per week are considered to be working full-time. In 2016, a quarter (25%) of Aboriginal and Torres Strait Islander people aged 15 years and over were working full-time, and a further 14 per cent were working part-time.

While Aboriginal and Torres Strait Islander males (44%) were only slightly more likely than females (41%) to be employed, females were much more likely to be in part-time work across all age groups.

https://www.abs.gov.au/AUSSTATS/Abs@.Nsf/7d12b0f6763c78caca257061001cc588/5f17e6...

mothra wrote on Jul 1^st, 2019 at 6:58pm:


I just assumed everyone knew that if Valkie posted it, it was a load of crap.

Give 'em their 40 km coastline reservation, and ship the bloody lot there and anyone else who is a problem... they can pursue their traditional lifestyle there without interference from Whartey... one day we'll see how many are left ......

Funny how the Originals argued against their former reservations as some kind of gulags - now they demand them ....Apartheidists were never known for their intellect and understanding of reality... just their lack of solid reasoning.. but if our own Schwarzeren want their own gulags without any of the trimmings of Wharte society - give it to 'em and cut the strings on everything else.

   

rhino wrote on Jul 1^st, 2019 at 8:36pm:



What the statistics show is that the full time employment rate isn't 5%.

A fact you didn't jump on, of course. Because it nastily feeds your racist rhetoric.

rhino wrote on Jul 1^st, 2019 at 8:36pm:


Got a really nice young Aboriginal bloke working in the deli at the local supermarket... he's a lovely guy and employed full-time.....

Many of these 'jobs' (unlike his) are made-up Aboriginal specific budget fillers - like that 'burn the joint down' chick had in Melbadishu .... not a 'job' at all - just another way of giving a hand-out ... you know... kind of 'paying the rent'....

Public service and quasi public service jobs have long ago become job placement sites for women, Aboriginals and ethnics .... all in the interests of equality, of course....      

Are you from the "where the FUKAMI" tribe?

mothra wrote on Jul 1^st, 2019 at 8:47pm:

The statistics you posted are appalling, wouldn't you agree?

Grappler Truth Teller Feller wrote on Jul 1^st, 2019 at 8:43pm:


The irony is, gulags is exactly what they turn into. They are, by mandate, collectively owned. Which means they inevitably turn into mini communist dictatorships, with just enough government money flowing in to stop them moving to the city. And in 20 years time we will look at the kids living in filth, drunk parents beating each other, and wonder where it all went wrong.

mothra wrote on Jul 1^st, 2019 at 8:45pm:
the facts speak for themselves sweetheart, and i never indulge in racist rhetoric. Good on you for making that up though in lieu of any valid argument..

rhino wrote on Jul 1^st, 2019 at 9:57pm:



It's 'unconscious racism' like when you cheer an Aboriginal football player for scoring a try or kicking a goal .... you only do so to cover over your deeply-held hatred of and contempt for Aboriginals and to try to look like a decent human being....

That's the latest reasoning from the human rights commission - another one of those overpaid and unwarranted government welfare expenditures ... plenty of cash to throw at that kind of sh1t and then ignore the dire poverty of the unemployed....

Talk about elitism in a so-called egalitarian society...    

The Boongs own the beaches,, they had better be prepared to defend them.

Grappler Truth Teller Feller wrote on Jul 2^nd, 2019 at 12:08am:

Settle down son, this is not a war zone.

Grappler Truth Teller Feller wrote on Jul 1^st, 2019 at 11:33pm:


It's called learned helplessness. The people pushing this nonsense are doing the same thing as the stolen wages and stolen children. They are making the same mistake. They are giving aborigines a different legal status based on their race and the assumption that they cannot function in our society as citizens with equal legal status, so white people have to micromanage their lives for them.

The aborigines in these gulags have no future. They cannot own the land individually, so none of them have the incentive to do something with it other than go fishing and drink beer. A committee of 150 drunk aborigines on handouts is never going to make a viable living, even if they own a piece of paradise and we spend millions helping them set up a tourism business. It will be another generation lost to alcoholism, abuse, sloth etc, and in 20 years time we will dream up some other scheme to get them out of intergenerational hopelessness by not expecting them to make it in our society, as an equal, on their own two feet.

We are putting them in a zoo and wondering why they end up flinging poo.

mothra wrote on Jul 2^nd, 2019 at 6:25am:

Flippant no good 'do-gooder' bint.

Johnnie wrote on Jul 2^nd, 2019 at 12:25am:


Not yet.... soon someone will be Whistling Dixie.... 

freediver wrote on Jul 13^th, 2019 at 8:42am:


Why do you allow doxxers to thrive under your protection on your forum?

freediver wrote on Jul 13^th, 2019 at 9:02am:



Ahh, victim blaming.

I think that answers all your questions, no?

freediver wrote on Jul 13^th, 2019 at 9:05am:



No. That's you. You've built two unsafe forums with cultures of bullying  around it.

freediver wrote on Jul 13^th, 2019 at 9:09am:



You're the one using a case of land rights to demonise the Aboriginal people, not me.

I'm not playing. I find you particularly useless to converse with.

I would like to know why you encourage a culture of bullying and support, nurture and protect doxxers on your forum though.

And while i'm at it, why do you ban people for talking back, then carry on conversations with them in which they can't answer? Is it so you look like you've made an unassailable point?

I think it is.

freediver wrote on Jul 13^th, 2019 at 9:22am:


Nope. you're twisting a case of land rights into a full frontal attack on Aboriginal people, who you claim do nothing buut driink beer all day and live in gulags.

Builr by communists now, i see.

You are totally the one using abused children as pawns. As is the custom on your forum.

Speaking of your forum, why do you allow, nurture and protect doxxing on your forums?

Why do you allow and encourage a culture of bullying?

freediver wrote on Jul 13^th, 2019 at 9:45am:



You do all of those things repeatedly.

And claiming i support child rape because i've got you in a corner is a perfect illustration of the kind of form you allow, nurture, encourage and partake in on your forums.

freediver wrote on Jul 13^th, 2019 at 9:50am:



I'm not playing. I find you particularly useless to converse with.

I would like to know why you encourage a culture of bullying and support, nurture and protect doxxers on your forum though.

And while i'm at it, why do you ban people for talking back, then carry on conversations with them in which they can't answer? Is it so you look like you've made an unassailable point?

I think it is.               c

freediver wrote on Jul 13^th, 2019 at 9:56am:


I've not seen you be right about anything. I know you're encouraged by the mouth breathers that agree with you but the rest of us take it as confirmation.

Is that why you've deliberately dumbed down this forum? To make yourself feel bright?

Anyway, i would like to know why you encourage a culture of bullying and support, nurture and protect doxxers on your forum though.

And while i'm at it, why do you ban people for talking back, then carry on conversations with them in which they can't answer? Is it so you look like you've made an unassailable point?

I think it is.    

Gordon wrote on Jul 13^th, 2019 at 10:06am:


Speaking of dumb bullies.

mothra wrote on Jul 13^th, 2019 at 10:06am:


Yet I don't dox and I don't accuse people of being rapists or pedos like you do.

You're a fake and a fraud and scum.

Why do you create socks while you're banned and accuse people of rape, Mothra?

Gordon wrote on Jul 13^th, 2019 at 10:12am:



I don't. Why do you, Ramp7?

You're really ethical Mothra, defending a kid pinner and a clit wonderer, and accusing people of rape.

Fake and a fraud.

freediver wrote on Jul 13^th, 2019 at 10:14am:


Anyone who makes a sock to accuse people of rape and paedophilia couldn't possibly give a toss about kids.

Ignore the fake.

mothra wrote on Jul 13^th, 2019 at 10:16am:


Why do you create socks to accuse people of rape and paedophilia?

Gordon wrote on Jul 13^th, 2019 at 10:18am:


Liar.

It's all you've got.

Gordon wrote on Jul 13^th, 2019 at 10:20am:



LOL. Nop you haven't. You've just had a ridiculous little tantrum.

You're pathetic. And a liar.

greggerypeccary wrote on Jul 13^th, 2019 at 10:24am:



Low bar.

mothra wrote on Jul 13^th, 2019 at 8:59am:


Quick! Look over there. 

That’s some segue Mothra.  Surely there is a thread in turd sifters where you can demonstrate your solidarity and remain on subject. 

Noweto - to match the Whartey Proof Fence around Ayers Rock....

Here's a piccie of Noweto's sister city in Zud Afrique ..

Jesus - nobody claimed they all lived in gulags - just that previous attempts at Reservations in the Soweto style became gulags...

Do try to keep up...

As for all of them guzzling beer and all the other problems - each of those specific problem is worse in those communities than in the general community............. along with child abuse, sexual and otherwise, neglect, and venereal disease in children....

Reaching always for the extreme in interpreting what is put before you will not help your case... as for these 'land claims' - what about Whitey's land claims?  You know - the bits bought and paid for and the simple right to enjoy unpurchased land at the beach etc?

Should every national treasure such as Ayers Rock be handed over for the exclusive use of Aboriginals?

Time to call a halt to all this nonsense.... every time their group's population expands under the white man's protection, health services etc - they expect more to cater for their numbers... and the demands never cease....

Right, Jacky-Jacky - you've got 'til the end of the year 2019 to put in a claim which we'll have adjudicated on the basis of all facts and with representation of all interest groups, and that's it!  You wanna sunbake by the sea, so does Whartey... same-same - all citizen equal now, OK?

Aussie wrote on Jul 13^th, 2019 at 3:00pm:


I spoke to a Gmod about it at the time.
Now piss off turdo.

Gordon wrote on Jul 13^th, 2019 at 3:30pm:


I don't give a flying fuq who you spoke to.  Put up the name of this sock you allege is Mothra's...or apologise for making false accusations.