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How the Bäru saved the sea

Life in oceans, rivers and seas

“There is not even an emerging understanding of the patterns and designs underlying Sea Rights or Native Title” Djambawa Marawili

Peter Hylands, Andrea Hylands

May 21, 2023

The incredible story about how the great Saltwater Crocodile (Bäru) triggered a Sea Rights claim (the Blue Mud Bay case) in East Arnhem Land that was to have a profound impact on much of the Northern Territory coastline.

The severed head

In late 1996 Waka Mununggurr discovered an illegal Barramundi fishing camp hidden in the mangroves close to Baniyala. At the camp, Waka also discovered the severed head of a Saltwater Crocodile (Bäru) in a hessian bag. It was once again time to act and to defend country, law and spirituality.

“This outrageous incident began the monumental story of the production of 80 bark paintings – set against the backdrop of a national legal and political maelstrom as Indigenous sea rights came to the fore. Through all this the events set in train by Waka’s discovery continued as inexorably as the incoming tide".

Exclusive access rights to tidal waters overlying Aboriginal land

On 30 July 2008 the High Court of Australia confirmed that the traditional owners of the Blue Mud Bay region of north-east Arnhem Land, together with the traditional owners of almost the entire Northern Territory coastline, have exclusive access rights to tidal waters overlying Aboriginal land.

Baniyala and Blue Mud Bay

We are all in Baniyala on the wondrous Blue Mud Bay and in the short film above the great leader, Djambawa Marawili (Madarrpa Clan), talks about how the Bäru was saved and the role of his father in stopping the exploitation of the sacred places and titled animal by missionaries and others.

"We had a long journey to bring the land and sea back into our hands".

How the Bäru saved the sea

The incredible story about how the great Saltwater Crocodile (Bäru) triggered a Sea Rights claim (the Blue Mud Bay case) in East Arnhem Land that was to have a profound impact on much of the Northern Territory coastline. 

“There is not even an emerging understanding of the patterns and designs underlying Sea Rights or Native Title”. Djambawa Marawili

Aboriginal Homelands are forever

 “The Yolngu, through non-secular painting, are asking other people to listen to their meanings of existence, philosophies and rigid rules regarding kinship - all of which are entirely connected to the land and so to the sea".

NOTE: The catalogue Saltwater: Paintings of Sea Country: The recognition of Indigenous rights (Buku-Larrnggay Mulka Centre in association with Jennifer Isaacs & Associates 2nd edition 2014) describes in great detail what happened surrounding these powerful events and includes powerful and evocative statements by Yolngu artists and leaders as well as images of the extraordinary collection of bark paintings (now in the permanent collection of the Australian National Maritime Museum in Sydney).