South Australia

Statistics

Native Title determinations 27
By consent 25
Litigated 2
Unopposed 0
Outcome  
Native Title does not exist in the determination area 1
Native Title exists in parts of the determination area 26
Native Title exists in the entire determination area 0
Active Native Title determination applications 24
Indigenous Land Use Agreements 106
Area Agreements 71
Body Corporate Agreements 35

 

Native title representative bodies

 

19 December 2011 - Native title holders display the Native Title Register Extract for the Gawler Ranges People native title determination, South Australia. Source: South Australia Native Title Services
19 December 2011 - Native title holders display the Native Title Register Extract for the Gawler Ranges People native title determination. Source: South Australian Native Title Services

MR KEITH THOMAS, SANTS

THE HON CHRIS SUMNER AM

1 May 2011 - Three females holding the Dieri native title determination. Source: South Australian Native Title Services
1 May 2011 - Three women holding the Dieri native title determination. Source: South Australian Native Title Services

Overview

According to the South Australian Native Title Services website, “in South Australia, perhaps more than any other jurisdiction, there has been a commitment to resolve Native Title through negotiation and consent rather than litigation.” To date, approximately 56 per cent of the State is subject to determined native title and of the 26 determinations of claimant applications, 24 have been made by consent.

An early policy position was formed by the South Australian government to develop, in collaboration with stakeholders, a coordinated whole of government approach to the resolution of native title. The resulting South Australian Native Title Resolution process was developed whereby a series of ILUAs were developed, along with forums which bring together native title parties with other key land users such as miners, pastoralists, fishers, local government and Aboriginal Land Rights Councils. Connection Guidelines were first published by the State in 2004.

The State of South Australia was the first jurisdiction to settle a native title compensation case with the De Rose matter in December 2013. The matter was settled by consent between the parties with the compensation payment being confidential.

Under the NTA, states and territories may establish an alternative right to negotiate regime, approved by the Commonwealth Minister. South Australia has done so, with future act matters being referred to the Environment, Resources and Development (ERD) Court.

References
http://www.nativetitlesa.org/about/native-title-in-south-australia
De Rose v State of South Australia [2013] FCA 988

Case Studies

Aboriginal families who aided Burke and Wills finally win their native title rights

On 16 December 2015, Justice Mansfield determined the Yandruwandha Yawarrawarrka Peoples native title claim at a special Federal Court bush hearing. The claim is over an area of approximately 40,000 square kilometres, stretching across seven pastoral leases in South Australia’s far-north east to the Queensland border.

The determined area includes areas of national significance to Australia’s colonial history. The claim covers sites relevant to the ill-fated Burke and Wills expedition in the 1860s, in which the Yandruwandha Yawarrawarrka People came to the aid of those who survived by providing food and shelter.

Theresa Bottrell, Yawarrawarrka elder, and one of the named applicants to the claim said the recognition of the Yandruwandha Yawarrawarrka people is extremely rewarding, after so many years.

I think it is a great achievement. After a long time it is very overwhelming to finally have this recognition. I am really looking forward to the day, to celebrate what we have fought for as a community and to have this acknowledgement for our people.

16 December 2015 - Native Title holders signing the native title determination - Yandruwandha Yawarrawarrka native title determination.  Source: South Australian Native Title Services
16 December 2015 - Native Title holders signing the native title determination - Yandruwandha Yawarrawarrka native title determination. Source: South Australian Native Title Services

Leslie J Harris Pinnapinnaru Kinnipapa, Yindni-mincka, Baryulah, Ngapa Miri, Miri Karitjurru, one of the original applicants to the claim said it is good to finally have the claim resolved:

My uncle asked me 22 years ago to go get our land back and so I went looking around and found out how to put a claim in. For me it is hard because I feel that the government should have done this a long time ago, but it is good that we have recognition now. It is still a fight and a struggle for our people and the native title is one step forward.

Article source: South Australian Native Title Services Media Release, 9 December 2015