Activity Update
This report provides an update on the key Native Title activities undertaken by SANTS Client Services in the first quarter of the 08/09 financial year.
SANTS has continued to prioritise the preparation of a number of consent determination reports, ILUA negotiations and a small number of dispute resolution matters involving overlapping claim groups.
Federal Court
The last general Callover of all Native Title claims took place on the 5th of September 2008 before Justice Mansfield.
Lander J presided over South Australia’s third determination of native title and our second consent determination on September 11– the determination was over the Witjira National Park and involved 3 claims and fully resolves the Irrwanyere Mt Dare claim.
The Adnyamathanha proceedings are on for direction on the 26th of November. It is anticipated that a consent determination over a large part of this claim area will be possible by March 2009.
The Dawn Brown native title application is set for a hearing of the State’s strike out application on 1 December.
The Kokatha overlap proceedings are listed for the 16th of December before Justice Finn. SANTS will update the Court on our work towards achieving a consent determination in this overlap area.
General (Priority matters)
Kokatha, Barngarla, Kuyani (and Arabunna)
SANTS is providing the Kokatha, Barngarla and Kuyani communities with dispute resolution assistance pursuant to our functions under s203B of the Native Title Act 1993 in relation to the Kokatha overlap proceeding currently before the Federal Court (Finn J). The State and SANTS have now agreed a claim group description that will form the basis for a new claim over this area.
Adnyamathanha 1 and 2
SANTS continues to investigate other group’s interest in the south east of the claim area and will provide a report by the end of November. Of relevance is the new Dieri no 2 claim over Murnpeowie station which was lodged pursuant to a shared country agreement and will be included in any consent determination over that area.
Yankunytjatjara/Antakirinja
The only unresolved area of this claim (the rest has been determined) - the township of Marla - is set to be withdrawn by consent upon registration of the Marla Township ILUA between the claimants, State and Marla Progress Association.
First Peoples of the River Murray and Mallee
The group are also currently preparing a Native Title Report in order to seek a consent determination of Native Title and the draft report will be filed with the State in the near future. Negotiations are continuing with the State Government with respect to an ILUA over the River Murray in this claim area.
Far West Coast
Work is continuing on the Native Title Report which remains the priority for this financial year. The Local Government ILUA is due to be authorised by the community later this year and the group are currently involved in Fishing ILUA negotiations.
Gawler Ranges
Work is continuing on the Native Title Report and negotiations with the State with respect to Parks and the townships of Glendambo and Kingoonya. The group are also heavily involved in mining and exploration negotiations.
Antakirinja Matu-Yankunytjatjara
The claims native title report has now been filed with the State for assessment. Negotiations with the District Council of Coober Pedy are continuing with respect to the Breakaways Reserve ILUA and a Local Government ILUA.
Eringa 1 and 2-Wangkangurru/Yarluyandi and Irrwanyere Mt Dare
Apart from the above mentioned consent determination a mediation was also conducted prior to the determination which resulted in a successful overlap resolution. Both of the remaining claims are part of the Northern cluster of claims that are subject to court orders with respect to consent determination negotiations.
Other matters
SANTS is also involved in assisting a number of claim groups participate in other ILUA negotiations including the Dieri (Petroleum), Nauo Barngarla (Fishing), Kaurna (Local Government), Wangkangurru/Yarluyandi (Parks and Petroleum), Yandruwandha/Yawarrawarrka (Mineral Exploration and Right to Negotiate), Narungga (Fishing) and Barngarla (Fishing).
Other noteworthy projects include the separately federally funded (DEH) Cultural Heritage plans for the Coongie Lakes National Park and Gawler Ranges National Park and the Rockhole research project in the Gawler Ranges claim area that has been funded by NRM. SANTS are also presenting at the Desert Knowledge Symposium in November in Alice Springs to showcase a trial pastoral lease assessment involving Aboriginal assessors which was the first of its kind in South Australia.
