FIRST NATIONS OF THE SOUTH EAST #1 (SAD211/2017) NATIVE TITLE CLAIM

The First Nations of the South East native title claim group are seeking recognition of their native title rights and interests in their First Nations of the South East #1 (SAD211/2017) and #2 (SAD180/2017) native title claims, each filed under the Native Title Act 1993 (Cth). 

South Australian Native Title Services Ltd (SANTS), the native title service provider for South Australia, invites all First Nations of the South East #1 (FNSE #1) native title claim group members to two meetings in Mount Gambier on Saturday 12 March 2022 to make decisions about the future conduct of the FNSE #1 (SAD211/2017) native title claim. It is necessary to have two meetings rather than one for technical legal reasons.

The purpose of these meetings is to update First Nations of the South East #1 native title claim group members and to consider and, if appropriate, authorise amendments to the FNSE #1 claim in relation to:

  • the claim group description;
  • the claim boundaries; and
  • the description of the native title rights and interests claimed.

These FNSE#1 meetings are important and should be attended by as many FNSE#1 claimants as possible.  They are an opportunity for you to ask questions, to discuss matters with other claim group members, and to express your views. These meetings follow on from the meeting convened in February 2021, at which (amongst other matters) the existing claim group agreed that some amendments to the claim group description should be made.  Updates about the progress of the claim towards a consent determination will also be provided.

FIRST MEETING – STARTING AT 12PM

The first meeting for FNSE#1 will be a meeting of the existing claim group.  

At the first meeting, the claim group will be asked to consider:

  • changing the apical “Frank Owen of Kingston” to “Nellie (Ellen) Williams (mother of the brothers Edwin, Frank and Charles Owen and others)” to more accurately describe the Owen family;
  • confirming the following changes, discussed at the February 2021 meeting:
    • changing the apical “Annie Brice of Mount Gambier” to “Natunda, mother of Annie Brice/Bryce”;
    • changing the apical “Ellen (#1) aka Elsie of Mount Gambier” to “Ellen, mother of James Lovett”;
    • adding the apical “Maggie, mother of Jack, Harry and Alf Watson”; and
    • adding the apical “the mother of Clarence Long (Milerum)”;
  • changing the way the claim group is described by reference to identification and recognition as follows:

The members of the FNSE #1 Claim Group are those living Aboriginal people who:

(a) are related by means of a traditional principle of descent (including adoption) to the following identified ancestors:

       [APICAL ANCESTORS LISTED HERE]

(b) identify themselves as members of the First Nations of the South East society; and

(c) are recognized by other members of the First Nations of the South East society as having rights and interests in the FNSE #1 claim area in accordance with traditional law and custom. 

Only current FNSE #1 native title claim group members are entitled to attend this first meeting, being the persons who are described in the terms below:

(a)      are the biological descendants of the following ancestors:

  • Kitty Russell of Kingston (aka Queen Kitty);
  • Ellen (#1) aka Elsie of Mount Gambier;
  • Ellen (#2) Baker of Mount Gambier;
  • Pinkie (male), of Bordertown;
  • Annie Brice of Mount Gambier;
  • Whympie (male) of Kingston;
  • Emily of Penola and her husband John Dunn;
  • Queen Catharine Gibson of Kingston;
  • Frank Owen of Kingston;
  • Harry Hewitt of Millicent;
  • Mount Gambier Tom of Mount Gambier;

(b)      are identified and accepted as First Nations of the South East people under traditional law and custom on the basis of descent from a First Nations of the South East person; or

(c)      are accepted by those listed at (a) as being adopted into the First Nations of the South East community under traditional law and custom.

People who are proposed to be added to the claim group description (and, if added, will be invited to the second meeting) are able to attend the first meeting.  However, at the first meeting, they will not be able to make the decision about amendment of the claim group – this decision is only to be made by the members of the current FNSE#1 claim group.

SECOND MEETING – STARTING NOT BEFORE 1PM

The second meeting for the FNSE#1 claim will be a meeting of the proposed amended claim group, as decided at the first meeting.  

At the second meeting, the members of the proposed amended claim group will be asked to consider:

  • authorising the amendments to the claim group description in the following terms:

The members of the FNSE #1 Claim Group are those living Aboriginal people who:

  • are related by means of a traditional principle of descent (including adoption) to the following identified ancestors:
  • Kitty Russell of Kingston (aka Queen Kitty);
  • Ellen, mother of James Lovett;
  • Ellen (#2) Baker of Mount Gambier;
  • Pinkie (male), of Bordertown;
  • Natunda, mother of Annie Brice/Bryce;
  • Whympie (male) of Kingston;
  • Emily of Penola and her husband John Dunn;
  • Queen Catharine Gibson of Kingston;
  • Nellie (Ellen) Williams (mother of the brothers Edwin, Frank and Charles Owen and others);
  • Harry Hewitt of Millicent;
  • Mount Gambier Tom of Mount Gambier;
  • Maggie, mother of Jack, Harry and Alf Watson; and
  • the mother of Milerum / Clarence Long;
  • identify themselves as members of the First Nations of the South East society; and
  • are recognised by other members of the First Nations of the South East society as having rights and interests in the FNSE #1 claim area in accordance with traditional law and custom. 
  • authorising amendments to the FNSE#1 claim boundary to withdraw the claim to the narrow spit of land and waters adjacent to the FNSE#2 claim;
  • authorising amendments to the description of native title rights and interests claimed in the FNSE#1 claim area;
  • authorising persons to continue to be the Applicant (or making changes to the list of people who together are the Applicant); and
  • authorising the Applicant to bring an application in the Federal Court to make amendments to the FNSE#1 claim.

The current members of the Applicant are: Andrew Birtwistle-Smith; Mark Lovett; Kingsley A’Hang; Jean Pinkie; Darren Perry; Michelle Jacquelin-Furr; Gwenda Owen; Christopher Hartman; Myrtle Bonney; Bruce Hammond; Robyn Campbell; and Cheryle Saunders.  These people can be re-authorised to continue as the Applicant.  (Making changes to this list would involve passing a resolution that the current members of the Applicant are no longer authorised, and a further resolution which authorises a new set of people to (together) be the Applicant.  This new set of people could include some or all of the current members of the Applicant.)

Subject to the decisions made at the first meeting, the people entitled to attend the second meeting are those living Aboriginal people who:

(a)          are related by means of a traditional principle of descent (including adoption) to the following identified ancestors:

  • Kitty Russell of Kingston (aka Queen Kitty);
  • Ellen, mother of James Lovett;
  • Ellen (#2) Baker of Mount Gambier;
  • Pinkie (male), of Bordertown;
  • Natunda, mother of Annie Brice/Bryce;
  • Whympie (male) of Kingston;
  • Emily of Penola and her husband John Dunn;
  • Queen Catharine Gibson of Kingston;
  • Nellie (Ellen) Williams (mother of the brothers Edwin, Frank and Charles Owen and others);
  • Harry Hewitt of Millicent;
  • Mount Gambier Tom of Mount Gambier;
  • Maggie, the mother of Jack, Harry and Alf Watson; and
  • the mother of Milerum / Clarence Long;

(b)          identify themselves as members of the First Nations of the South East society; and

(c)          are recognised by other members of the First Nations of the South East society as having rights and interests in the FNSE #1 claim area in accordance with traditional law and custom. 

Meeting details

There will be two meetings for the FNSE#1 Claim, held on the same day, with the second meeting following on from the first meeting:

          MEETING #1: INFORMATION, AMENDMENT and AUTHORISATION – FNSE No. 1 Native Title Claim – Existing claim group

          DATE:                 Saturday, 12 March 2022

          TIME:                  12:00 pm start

          LOCATION:      The Presidential Motel, 154 Jubilee Hwy West, Mount Gambier SA 5290

          MEETING #2: INFORMATION, AMENDMENT and AUTHORISATION – FNSE No. 1 Native Title Claim – Proposed replacement claim group  

          DATE:                 Saturday, 12 March 2022

          TIME:                  Starting not before 1pm

          LOCATION:      The Presidential Motel, 154 Jubilee Hwy West, Mount Gambier SA 5290

COVID-19 POLICY

To attend the meeting in person you must be fully vaccinated.

If you are unvaccinated, a link will be established for you attend and participate via digital means.  In this instance you need to contact SANTS with your email address.

If you have symptoms, please do not attend in person, rather attend and participate via digital means.

Hand sanitizer will be available at the meeting, and social distancing will be observed.

Assistance

All members of the FNSE #1 native title claim group are invited to contact SANTS on 1800 010 360 to register their attendance at the meeting. Limited assistance will be provided for persons to attend in accordance with SANTS’ Policy, including accommodation and transport for people who have registered. Lunch and refreshments will be available during the day.

If you are not sure whether you are entitled to attend the first or second meeting, or would like more information about this notice, please contact SANTS on 1800 010 360.

Please note that a meeting for the First Nations of the South East #2 (SAD180/2017) claim group will be held on the following day, Sunday 13th March 2022.

FIRST NATIONS OF THE SOUTH EAST #2 (SAD 180/2017) NATIVE TITLE CLAIM

All First Nations of the South East #2 (FNSE #2) native title claim group members are invited to a meeting in Mount Gambier on Sunday 13 March 2022 to make decisions about the future conduct of the FNSE #2  native title claim.

The purpose of this meeting is to provide an update on the progress of the FNSE #2 native title claim, and to discuss the proposed settlement of the FNSE #2 claim (which overlaps with Part B of the Ngarrindjeri Claim) and progress towards a consent determination.

Please note that meetings for the First Nations of the South East #1 (SAD 211/2017) claim will be held on the previous day (Saturday).

This FNSE#2 meeting is an important meeting which should be attended by as many FNSE#2 claimants as possible.  It is an opportunity for you to ask questions, to discuss matters with other claim group members and to express your views.

First Nations of The South East #2 Claim Group Members

First Nations of the South East #2 native title claim group members are invited to attend the meeting, being the persons who are described in the terms bel ow:

(a)      are the biological descendants of the following ancestors:

  • Kitty Russell of Kingston (aka Queen Kitty);
  • Ellen (#1) aka Elsie of Mount Gambier;
  • Ellen (#2) Baker of Mount Gambier;
  • Pinkie (male), of Bordertown;
  • Annie Brice of Mount Gambier;
  • Whympie (male) of Kingston;
  • Emily of Penola and her husband John Dunn;
  • Queen Catharine Gibson of Kingston;
  • Frank Owen of Kingston;
  • Harry Hewitt of Millicent;
  • Mount Gambier Tom of Mount Gambier;

(b)      are identified and accepted as First Nations of the South East people under traditional law and custom on the basis of descent from a First Nations of the South East person; or

(c)      are accepted by those listed at (a) as being adopted into the First Nations of the South East community under traditional law and custom.

Meeting details

          MEETING:        INFORMATION, SETTLEMENT and ONGOING AUTHORISATION – FNSE #2 Native Title Claim

          DATE:                 Sunday, 13 March 2022

          TIME:                  9:30am – 12:30pm

          LOCATION:      The Presidential Motel, 154 Jubilee Hwy West, Mount Gambier SA 5290

COVID-19 POLICY

To attend the meeting in person you must be fully vaccinated.

If you are unvaccinated, a link will be established for you attend and participate via digital means.  In this instance you need to contact SANTS with your email address.

If you have symptoms, please do not attend in person, rather attend and participate via digital means.

Hand sanitizer will be available at the meeting, and social distancing will be observed.

Purpose

The purpose of the meeting will be to discuss and make decisions about:

  • The proposed approach to settlement negotiated by the FNSE#2 Applicant with the State of South Australia and Ngarrindjeri;
  • The proposed approach to a prescribed body corporate (PBC) for the FNSE#2 area;
  • The proposed description of native title holders for a consent determination;
  • The proposed description of native title rights and interests for a consent determination; and
  • Indigenous Land Use Agreement negotiations.

Claim Area

The external boundaries of the FNSE#2 Claim Area are as shown:

Assistance

All members of the FNSE #2 native title claim group are invited to contact SANTS on 1800 010 360 to register their attendance at the meeting. Limited assistance will be provided for persons to attend in accordance with SANTS’ Policy, including accommodation and transport for people who have registered. Lunch and refreshments will be available during the day.

If you are not sure whether you are entitled to attend this meeting, or would like more information about this notice, please contact SANTS on 1800 010 360.