De Rose Hill authorises first native title compensation application

An application for compensation for lost native title rights will be made by

the native title holders of De Rose Hill. It is the first time in South Australia thatsuch an application has been made andmarks the start of an important new chapterfor the De Rose Hill native title holders.

 

The compensation application was authorised by the De Rose Hill-Ilpalka Aboriginal Corporation (DRHIAC) Annual General Meeting. DRHIAC is the Prescribed Body Corporate for Native Title Determination SAD6001/ 1996 better known as the De Rose Hill native title claim.

 

In June 2005, native title was found to exist in De Rose Hill. This was the first native title determination in South Australia

 

The De Rose Hill determination did not extend to areas in which native title was ‘extinguished’. They are portions of the Stuart Highway and the Alice Springs- Tarcoola Railway that traverses the determination area, a freehold block of land, and a car park/rest-stop that abuts the Stuart Highway.

 

As a result, it is now necessary to seek native title compensation for those (and other) acts that have ‘extinguished’ native title.

 

What is native title compensation?

 

Compensation is money or benefits for things that have hurt and damaged you.

Accordingly, native title compensation is money or benefits for things that have hurt and damaged your native title rights and interests.

 

However, the Native Title Act 1993 (Cth) doesn’t provide compensation for all things that have damaged your native title rights and interests. For example, compensation is generally only payable for certain things after 1975, when the Racial Discrimination Act 1975 (Cth) commenced. After that legislation was enacted, the Government could not do things to Traditional Owners and not do it to other people. You also need to be able to prove that you had native title rights and interests that have been damaged.

 

This means that De Rose Hill is entitled to claim compensation for those acts that

‘extinguished’ native title.

 

Why is this so important?

 

The filing and prosecution of a native title compensation application is important for

two main reasons. First, native title compensation is a complex area of law that has not been properly tested. No compensation application has ever been successful, and there have been no compensation applications filed in South Australia.

 

It is crucial that native title claimants and holders exercise every right available, including the right to claim native title compensation. Without doubt, a successful determination of native title compensation in De Rose Hill will have a positive effect on compensation for other native title matters.

 

Second, unlike in subsequent native title settlements, there was no compensation or other benefits as part of the settlement of native title in De Rose Hill. The settlement of compensation would be a proper recognition of the loss and suffering that De Rose Hill native title holders have suffered as a result of those acts that have ‘extinguished’ native title. In addition, it is hopeful that compensation for De Rose Hill will enable the native title holders to function self sufficiently for the benefit of all members.

 

As with all native title applications, there are no guarantees. However, SANTS will work hard with the De Rose Hill native title holders to ensure that this native title compensation application is given full and proper attention.