The Far West Coast Aboriginal Corporation RNTBC administers land on behalf of the Far West Coast Native Title Claim Group, which specifically includes the Mirning people, the Wirangu people and the Kokatha people. As the application combined three different language groups, the Court recognised that many members were affiliated with more than one group and specifically considered the concept of ‘society’ under section 223 of the Native Title Act 1993 (Cth). The Court reiterated that the evidence must show there is a recognisable group or society that presently recognises and observes traditional laws and customs in the determination area. The Court found this to be evident in this matter and noted that language was “not the critical factor in determining native title rights and interests in the area.”

On 5 December 2013, the Court made orders by consent recognising that the Far West Coast Native Title Claim Group holds traditional Indigenous interests in the Far West Coast area of South Australia under section 87 of the Native Title Act 1993 (Cth). This determination replaces five previous, partially overlapping claims – the Edward/Ted Roberts, the Maralinga Tjarutja, the Mirning, the Wirangu #1 and Yalata native title claims – and gives recognition of native title rights to those living Aboriginal people who are descendants of registered Kokatha, Mirning and Wirangu apicals. If recognised by the native title holders, native title rights are also given to those Aboriginal people born within the determination area who have gained traditional knowledge of its land and waters, or to those Aboriginal people who have responsibility for Tjurkurpa (Dreaming) and sites within the determination area (see FCA 2013 1285).

The determination area consists of approximately 75,249 km² in the far south-west of South Australia and includes many sites of significance in coastal country, wooded coastal plain and dry inland salt lake, soak and sandhill country. The determination area includes the towns of Ceduna/Thevenard, Koonibba, Denial Bay, Smoky Bay, Penong, Fowlers Bay, Nundroo and Coorabie. Over 85 per cent of the determination area is land dedicated as national park, reserve or wilderness area.

The Court noted that, immediately following the making of the determination, the State, the Applicant and the nominated native title holding body were to execute the Far West Coast Settlement Indigenous Land Use Agreement (ILUA). This agreement was expected to include the surrender and consequent extinguishment of native title over a number of land parcels. The agreement would also require that the non-extinguishment principle be applied to the vesting of adjacent land in the determination area, where certain acts had been undertaken as intermediate period acts, which would otherwise extinguish native title.

The Far West Coast Aboriginal Corporation RNTBC is governed by a board of twelve directors, comprising two representatives each from the Mirning people, the Wirangu people, the Kokatha people, as well as the Maralinga Tjarutja people, the Yalata people and the descendants of Edward/Ted Roberts. This governance structure, as outlined in its Rule Book, expands on the claim group description of the Far West Coast Native Title Claim Group and can be revised at any time through proper process.

Email: administration@fwcac.org.au
Website: farwestcoastaboriginalcorp.org.au