Native title recognition for First Peoples of the Murray River and Mallee Region welcomed

The First Peoples of the River Murray and Mallee Region have welcomed the federal court decision which recognises their native title rights and interests over 260 kilometres of land and waters in the Riverland, South Australia. 

On November 18, at a specially convened court hearing at Barmera, Justice John Mansfield made a consent determination recognising the First Peoples of the River Murray and Mallee Region’s non-exclusive native title rights and interests over parts of their traditional land in areas of the Murray River around Renmark, Berri, Barmera , Waikerie and Morgan.

The consent determination finalises the First Peoples of the River Murray and Mallee Region’s native title application that was lodged in 1998 and it is the first successful native title claim in the southern region of South Australia.

The court has recognised rights to hunt, fish, camp, gather and use the natural resources to conduct ceremonies and meetings, undertake cultural activities such as births and deaths, and protect places of cultural and religious significance. 

Along with the consent determination the SA Government and the First Peoples of the River Murray and Mallee Region have entered into an indigenous land use agreement that sets out the terms of their ongoing relationship and the protocols for protecting sites and objects of significance, notice of development activities in the area and the benefits to be granted to the native title holders including the transfer of several freehold blocks of land.

Native Title holder, Barney Lindsey, said the decision affirms what the First Peoples of the River Murray and Mallee Region have always known.

“The consent determination recognises what we already know, that we are, and always will be, the traditional owners of this land”

“It’s been a difficult process, and we are now at a point where we can work to gain access and enjoy our rights and make decisions about our country”, he said.

 The South Australian Minister for Aboriginal Affairs, Paul Caica, attended the ceremony and signed the indigenous land use agreement. 

The Minister said the determination is a great outcome.

"[It] means we can work with those communities to be able to make sure the life of Aboriginal People and the First Peoples in this area not only recognises their traditional ownership but also manifests itself as them being able to use their rights with respect to traditional ownership along sections of this country and it's a good thing."

SANTS CEO Parry Agius said the agreement is significant to the First Peoples of the River Murray and Mallee Region and the Australian community, in general. 

“The decision recognises the First Peoples as traditional owners of their lands and waters. It declares their spiritual and cultural connection, which has always existed. This recognition is very important within the local riverland community and the wider Australian community.”

Mr Agius praised those who had been involved in the negotiations, saying that positive working relationships and good will by all parties has resulted in positive outcomes for all parties.

“The consent determination and agreements provide certainty for all and sets out the relevant processes for access to land. This is the sixth determination in South Australia, demonstrating our commitment to the native title process and its associated outcomes”

The Federal Court is expected to make two further determinations by consent in the Gawler Ranges and Eringa native title applications in December.