Media release – Aboriginal Land Council of Tasmania, 9 January 2023
SYDNEY HOBART YACHT WASHED UP ON CAPE BARREN BELONGS TO ABORIGINES
ABORIGINAL LAW OF SALVAGE SINCE 1830 APPLIES
Aboriginal Land Council Chairman Michael Mansell says the yacht Huntress cannot be salvaged by the insurance company because any vessels wrecked or washed up on the shores of Aboriginal land belongs to Aborigines.
Mr Mansell was citing an old Aboriginal sea law practice that evolved from the time of the white invasion and has been practiced on Truwuna/Cape Barren since around 1820. “When our people were slaughtered and driven from our traditional lands on Lutruwita/Tasmania, we were forced to reorganise on Cape Barren /Truwuna. From that day onwards the Elders applied Aboriginal law to any ship wrecks or abandoned vessels that washed up on our shores.
Aboriginals such as Ned Tomlins was born at Cape Barren in 1813, and he and the elders such as George Everett, Jack Maynard, Tom Mansell and Harry Beeton made sure the Aboriginal salvage laws were properly applied for the benefit of Aboriginal people.
Ever since then, many boats have fallen under this law. The white man’s salvage laws do not apply because this is sovereign Aboriginal territory and our laws override those of the white man.
Some vessels that fell under this law were the Apparition in 1840; Antares in 1853; CC Funk in 1898 and Cambridgeshire in 1875 with general cargo valued at £52,000; GVH in 1895 and HJH at Badger island in 1917; Idle Hour in 1930 and so on.
Permission is not given for the insurers to move the vessel Huntress until one third of its value is paid or the owners agree that Aborigines own the vessel.”
