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News

Australia's first native title compensation consent determination set for SA

18-Sep-2013 | SANTS

De Rose Hill to receive Australia’s first native title

compensation consent determination

 

The hearing of the Federal Court is to be held on De Rose Hill pastoral station on 1 October 2013.

 

The Native Title Act entitles native title holders to compensation for any ‘loss, diminution, impairment or other effect’ of certain acts on their native title rights and interests that have occurred since the introduction of the Racial Discrimination Act 1975.

 

In 2011, the De Rose Hill native title holders claimed compensation from the State Government because their native title rights had been extinguished in certain areas, particularly in having a significant impact on sacred sites. 

 

In 2012, mediation was conducted between the State and the native title holders which resulted in finalising an agreement in 2013 without the need for a trial.

 

The confidential agreement resolves all of the State’s liability to the De Rose Hill native title holders up until the date of the determination, resulting in, amongst other things, a confidential monetary benefit to the native title holders.

 

Keith Thomas, South Australian Native Title Services Chief Executive Officer, congratulated the parties on the resolution of the claim.

 

“This is a complex and largely untested area of native title. As a result, the parties needed to be innovative and pragmatic, while following the legal mechanisms and standards set by the Native Title Act. Notwithstanding these challenges, the parties have resolved this matter by agreement.

 

Substantial amounts of time, stress and money have been saved by avoiding litigation,” Mr Thomas said.

 

The compensation will be paid to the Aboriginal Corporation responsible for the management of native title rights and interests for De Rose Hill.

 

“Similar to other corporations throughout the rest of the Country, this corporation and its native title holders are required to do a significant amount of work with no office, staff, training or resources. This compensation is one step toward self-sufficiency and a sustainable native title system,” Mr Thomas said.

 

The hearing will be held at an important rock hole, Ilpalka, on De Rose Hill Station.

 

The De Rose Hill native title holders were the first Aboriginal people in SA to have native title recognised, following ten years of litigation that concluded in 2006.

 

Media Contact: Kaliah Alice (08) 110 2800    M 0421 770 387

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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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.