Anniversary of the Dunghutti Native Title Determination

7 April

On 7 April 1997, the Federal Court made the Dunghutti determination in Mary-Lou Buck v State of New South Wales and Others. The anniversary recognises a significant early outcome under the Native Title Act and the people who pursued recognition at Crescent Head.

What happened on this date

The National Native Title Register records both the determination date and its date of effect as 7 April 1997. It identifies the Dunghutti Elders Council as the trustee body corporate.

The State Library of New South Wales holds papers and a memorial concerning this determination. The date can therefore be checked against both the official register and a contemporary archival collection.

The scope of the outcome

The determination concerned specified land at Crescent Head, rather than a finding about every part of Dunghutti Country. Its orders must be read alongside the deed of agreement and the scheduled parcels.

The record also notes agreed extinguishment and compensation arrangements for some land, including future acquisition and transfer provisions. Describing the event simply as all land being returned would obscure that history. The anniversary marks the legal recognition and negotiated outcome reached at that time.

Why this history deserves an entry

A national account of native title can become concentrated on a few famous judgments. This date brings attention to a community-specific determination and the practical negotiations behind early outcomes.

The story can be read alongside Mabo and the Native Title Act without treating them as the same event. A change in national law, an application, an agreement and a determination each have their own history.

Learning from the record

Use the register to identify the case name, date and outcome, then examine what the schedules and agreement add to a short summary. Ask why a small, defined parcel can have a significance that is not captured by its area alone.

Honour the people involved without assuming a historical order describes every current right. For present-day information, consult the current register and the relevant native title body. Learning should recognise continuing Dunghutti life and connection to Country.

Sources and further reading

Read the official record alongside publicly available material from the relevant community or native title body. Historical records may include names of people who have died.

Online sources

National Native Title Register: NCD1997/001. National Native Title Tribunal. Determination date, orders and notes on the associated agreement.
https://api.nntt.gov.au/api/Attachments/searchRegApps/NativeTitleRegisters/NNTR%20Extracts/NCD1997_001/NNTRExtract_NCD1997_001.pdf

J. F. Kildea: memorial of the first native title determination under the Native Title Act. State Library of New South Wales. Archival papers concerning the Dunghutti outcome at Crescent Head.
https://collection.sl.nsw.gov.au/record/92eJV0BY

Our related products and resources

We do not currently offer products or learning resources specifically for this anniversary. The reading links above are provided for background and further learning. Suitable items from our range will be added here as they become available.