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Native Title in South Australia

Native Title rights are pre-existing (pre-colonial) rights held by Indigenous peoples and groups as derived from their laws and customs.

The Native Title Act established a legal framework to manage and resolve the diversity in the rights and interests to lands and waters held and/or being claimed by indigenous and settler Australians.

The Act introduced specific mechanisms for Indigenous groups to make application to the Federal Court to have their Native Title rights that arise under their traditional laws and customs recognised through a determination. It also established a means for other parties to become respondents and contest such claims and introduced processes to resolve native title applications through, for example, negotiation and mediation.

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.

The opportunities provided by the introduction of Indigenous Land Use Agreements (ILUAs) led to a coordinated, whole of state, inclusive approach to negotiating Native Title. This Statewide process now known as the South Australian Native Title Resolution process brings together Native Title groups with other key land and water owners and interests to negotiate Native Title and non-Native Title outcomes.

Achieving equitable and lasting arrangements for the co-existence of Aboriginal and non-Aboriginal rights and interests has been the cornerstone of South Australian approaches to resolving Native Title.

Native Title Determinations in SA as at 31 March 2018

SA Native Title Determinations - 31 March 2018 SA Native Title Determinations - 31 March 2018 (609 KB)

The National Native Title Tribunal maintains current records and maps of native title areas.

For full current details of Native Title Determinations and Applications in South Australia, check the National Native Title Tribunal website or Native Title Vision

Native Title Vision Interactive Mapping Tool 

List of South Australian Native Title Determinations by date

# Claim short name Date Outcome
1 De Rose Hill 8/06/2005 Parts
2 Yankunytjatjara/Antakirinja 28/08/2006 Parts
3 Eringa Part A Proceeding 11/09/2008 Parts
4 Wangkangurru/Yarluyandi Part A Proceeding 11/09/2008 Parts
5 Irrwanyere Mt Dare Native Title Determination 11/09/2008 Parts
6 Adnyamathanha People No. 2 30/03/2009 Parts
7 Adnyamathanha People No. 1 (Angepena Pastoral Lease) 30/03/2009 Parts
8 Adnyamathanha People No. 1 (Stage 1) 30/03/2009 Parts
9 Antakirinja Matu-Yankunytjatjara 11/05/2011 Parts
10 First Peoples of the River Murray & Mallee Region 18/11/2011 Parts
11 Eringa 13/12/2011 Parts
12 Eringa No. 2 and Wangkangurru/Yarluyandi 13/12/2011 Parts
13 Gawler Ranges People 19/12/2011 Parts
14 Dieri 1/05/2012 Parts
15 Arabana People 22/05/2012 Parts
16 Tjayiwara Unmuru Native Title Claim 16/07/2013 Parts
17 De Rose Hill Compensation Application 1/10/2013 None
18 Far West Coast 5/12/2013 Parts
19 Adnyamathanha No 1 - Stage 2 25/02/2014 Parts
20 Adnyamathanha No 1 - Stage 3 25/02/2014 Parts
21 Dieri No.2 Native Title Claim 26/02/2014 Parts
22 Kokatha People (Part A) 1/09/2014 Parts
23 The Wangkangurru/Yarluyandi Native Title Claim 3/10/2014 Parts
24 Adnyamathanha No. 1 8/12/2015 Parts
25 Adnyamathanha People Native Title Claim No. 3 8/12/2015 Parts
26 Yandruwandha/Yawarrawarrka Native Title Claim 16/12/2015 Parts
27 Barngarla Native Title Claim 23/06/2016 Parts
28 Dieri No. 3 28/09/2017 Entire
29 Ngarrindjeri and Others Native Title Claim 14/12/2017 Parts
30 Tjayuwara Unmuru Compensation Application 20/12/2017 None
31 Kaurna Peoples Native Title Claim 21/03/2018 Parts

Parts – native title exists in part of the claim area
None – native title does not exist
Entire – native title exists in all of the claim area

For full and current details of claims and determinations, refer to the Native Title Tribunal

SANTS acknowledges that the land on which our office is based is the traditional lands for the Kaurna people and we respect their spiritual and cultural relationship with their country.
 
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