Traditional custodians of the Martuwarra (Fitzroy River) derive their identity and existence from this globally significant river. The First Laws of the Martuwarra are shared by Martuwarra Nations through a common songline, which sets out community and individual rights and duties. First Law recognizes the River as the Rainbow Serpent: a living ancestral being from source to sea. On 3 November 2016, the Fitzroy River Declaration was concluded between Martuwarra Nations. This marked the first time in Australia when both First Law and the rights of nature were recognized explicitly in a negotiated instrument. This article argues for legal recognition within colonial state laws of the Martuwarra as a living ancestral being by close analogy with the case concerning the Whanganui River. We seek to advance the scope of native title water rights in Australia and contend that implementation of First Law is fundamental for the protection of the right to life of the Martuwarra.
The Martuwarra Fitzroy River Council (Martuwarra Council) has prepared this document to engage widely and to articulate its ambitions and obligations to First Law, customary law and their guardianship authority and fiduciary duty to protect the Martuwarra’s natural and cultural heritage. This document outlines a strategic approach to Heritage Conservation and Management Planning, communicating to a wide audience, the planning principles, key initiatives, and aspirations of the Martuwarra Traditional Owners to protect their culture, identity and deep connection to living waters and land. Finer granularity of action items required to give effect to this Conservation and Management Plan for the National Heritage Listed Fitzroy River Catchment Estate are outlined in section 7 and which will be more fully explored by the Martuwarra Council in the coming months and years.
The report seeks to examine the impacts of colonisation, more particularly pastoralism, on the Martuwarra Country and its people and concludes with the contemporary voices of Martuwarra people. In doing this, one must note the at times highly disparaging tone of the European explorers, the dark deeds they committed, and their racist expressions and bias, which may offend some readers. This report provides an extensive, period-specific historical account of the Martuwarra people’s connections to their Country as a point of departure and a premise for discussion contrasting Aboriginal perspectives and the development lens of the State. In doing so, this report also juxtaposes the events of the past with the continued contemporary imposition of development strategies still at odds with Aboriginal life-ways
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