In South Australia there has been a commitment to resolve Native Title through negotiation and consent rather than litigation. 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 in South Australia
In South Australia perhaps more than any other jurisdiction, there has been commitment to resolve Native Title through negotiation and consent rather than litigation.
South Australia’s first determination of native title was the 2005 litigated case of De Rose Hill.
De Rose Hill was an important early test case in native title law. The De Rose Hill claimants were successful in winning this case after litigation and appeal and the case confirmed the coexistence of their rights and interests with those of pastoral lessees.
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 in 2005. 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.
The first native title determination reached by consent, a “consent determination” was the case of Yankunytjatjara/Antakirinja Native Title Claim Group v The State of South Australia, which was determined in August 2006.
As at 30 June 2020, there have been 32 determinations of Native Title in South Australia
SA Native Title Determinations - 30 June 2019 (665 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
- De Rose Hill
8/06/2005
Parts - Yankunytjatjara/Antakirinja
28/08/2006
Parts - Eringa Part A Proceeding
11/09/2008
Parts - Wangkangurru/Yarluyandi Part A Proceeding
11/09/2008
Parts - Irrwanyere Mt Dare Native Title Determination
11/09/2008
Parts - Adnyamathanha People No. 2
30/03/2009
Parts - Adnyamathanha People No. 1 (Angepena Pastoral Lease)
30/03/2009
Parts - Adnyamathanha People No. 1 (Stage 1)
30/03/2009
Parts - Antakirinja Matu-Yankunytjatjara
11/05/2011
Parts - First Peoples of the River Murray & Mallee Region
18/11/2011
Parts - Eringa
13/12/2011
Parts - Eringa No. 2 and Wangkangurru/Yarluyandi
13/12/2011
Parts - Gawler Ranges People
19/12/2011
Parts - Dieri
1/05/2012
Parts - Arabana People
22/05/2012
Parts - Tjayiwara Unmuru Native Title Claim
16/07/2013
Parts - De Rose Hill Compensation Application
1/10/2013
None - Far West Coast
5/12/2013
Parts - Adnyamathanha No 1 - Stage 2
25/02/2014
Parts - Adnyamathanha No 1 - Stage 3
25/02/2014
Parts - Dieri No.2 Native Title Claim
26/02/2014
Parts - Kokatha People (Part A)
1/09/2014
Parts - The Wangkangurru/Yarluyandi Native Title Claim
3/10/2014
Parts - Adnyamathanha No. 1
8/12/2015
Parts - Adnyamathanha People Native Title Claim No. 3
8/12/2015
Parts - Yandruwandha/Yawarrawarrka Native Title Claim
16/12/2015
Parts - Barngarla Native Title Claim
23/06/2016
Parts - Dieri No. 3
28/09/2017
Entire - Ngarrindjeri and Others Native Title Claim
14/12/2017
Parts - Tjayuwara Unmuru Compensation Application
20/12/2017
None - Kaurna Peoples Native Title Claim
21/03/2018
Parts - Adnyamathanha, Ngadjuri and Wilyakali Overlap Claim
14/12/2018
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.