Aboriginal Way Issue 54, October 2013 A publication of South Australian Native Title Services Tjayiwara Unmuru celebrate native title determination Tjayiwara Unmuru Federal Court Hearing participants in SA’s far north. De Rose Hill achieves Australia’s first native title compensation determination Australia’s first native title The name of De Rose Hill will go down Under the Native Title Act, native title and this meant open communication compensation consent in Australian legal history for a number holders may be entitled to compensation between parties and of course determination was granted to of reasons. on just terms where an invalid act impacts overcoming the language barriers and on native title rights and interests. we thank the State for its cooperation the De Rose Hill native title “First, because you brought one of the for what was at times a challenging holders in South Australia’s early claims for recognition of your native Karina Lester, De Rose Hill Ilpalka process,” said Ms Lester. far north earlier this month. title rights over this country, and because Aboriginal Corporation chairperson you had the first hearing of such a claim said this is also a significant achievement Native title holder Peter De Rose said the The hearing of the Federal Court was in South Australia.” for the State, who played a key role in compensation determination was a better held at an important rock hole, Ilpalka, this outcome and have worked closely experience compared to the group’s fight on De Rose Hill Station. Now, again, you are leading the charge. with De Rose Hill Ilpalka Aboriginal for native title recognition which lasted This is the first time an award of Corporation through the entire process. ten years. Justice Mansfield said the Nguraritja compensation for native title rights and of De Rose Hill will be remembered for interests which have been extinguished “We were in uncharted waters and their native title battles. has been made,” said Justice Mansfield. we did not know how it would pan-out, Continued on page 5 Inside: Aboriginal community to co-manage Breakaways 2 A new approach to Aboriginal governance proposed for SA 4 Deadly tribute to the trailblazers 7 Lands Trust Act Far West Coast Native passes lower house Title hearing on country The Aboriginal Lands Trust was The Trust states that it should be first introduced in 1966 under the administered under the principles of good this December Aboriginal Lands Trust Act. This new governance, transparency and financial A consent determination of native community. The Consent Determination bill seeks to broaden the powers accountability. It should achieve improved title in favour of the Far West will recognise a number of rights and of the Trust so that it can more environmental outcomes and optimise Coast native title claimants will interests, including the rights to access readily deal with the acquisition and the value of Trust Land. be handed down by the Federal and camp on the area, enjoy the land, dealings of Trust land for the benefit It is a requirement under the Court of Australia on 5 December teach and conduct ceremonies and of Aboriginal South Australians. proposed Act that Aboriginal interests 2013 at Lake Pidinga north of protect sites of significance on the area. The Bill seeks to ensure that Trust should be taken into account and Yalata community. Underlying the Aboriginal held land, will reflected in any decisions that may be the exclusive right to possess, occupy Land is not alienated and establishes A Consent Determination is an order affect Aboriginal people. mechanisms for the efficient and under the Native Title Act 1993 (Cth) and use the area. effective administration and management made by the Federal Court pursuant to The Far West Coast claimants of Trust Land. It should an agreement to recognise rights and commissioned extensive anthropological According to the State Government the achieve improved interests without the need for a trial. and genealogical research and expert Aboriginal Lands Trust Bill 2013 seeks to environmental The determination will come after close reports which were used as a basis unlock the commercial potential of the to 18 years of struggle by Wirangu, by the group to negotiate the terms 500,000 hectares of land – valued at outcomes and Kokatha, Mirning and Anangu people of of a consent determination, which $60 million – held by the Trust. optimise the value the Far West Coast to have their various will sit together with a package of native title claims determined. The Indigenous Land Use Agreements and Co The application of the bill seeks to of Trust Land. formerly overlapping claims were finally Management Agreements for National give more independence to the Trust consolidated into one claim in January Parks. SANTS Limited has represented in its land dealings but also provides Affected groups should also be 2006, after ten years of mediation by the claimants throughout this process consulted in the decision making the relevant Minister with the power ALRM Inc Native Title Unit, the National and is recommending settlement of the process although this consultation to suspend the Trust under certain Native Title Tribunal and South Australian claim by agreement. does not carry any specific priority circumstances. Native Title Services (SANTS). in the decision making process. The hearing will be on Country at Pidinga The Bill provides the introduction of The determination will cover a vast area Tanks, which is a small camping area The last round of community consultation a Commercial Development Advisory of land between the Western Australian situated adjacent to Lake Pidinga (Lake meetings for the review of the Aboriginal Committee consisting of members Border and Tarcoola to the North and Ifould) between Yalata and Oak Valley Lands Trust (ALT) Act were held this year of the Minister’s appointment and a around Streaky Bay to the South. It communities. Members of the claim during Feburary and March. representative of the Trust itself, to includes many Aboriginal homelands group recall living at the tanks in the advise on the commercial activities The Bill was finalised and introduced to and Aboriginal Lands Trust lands such early part of last century and the Lake of the Trust. State Parliament on 11 September. as Yalata Community and Koonibba itself is a sacred site. Aboriginal community to co-manage Breakaways The Breakaways Conversation Park, The Minister for Sustainability, significance is both recognised and to not only care for this special place for near Coober Pedy in the state’s far Environment and Conservation and protected,” Minister Hunter said. all, but also build trust and understanding north is now the second Aboriginal Aboriginal Affairs and Reconciliation, between all of the residents of Coober The hand back of the land, along owned Aboriginal park in South Ian Hunter, visited the park in early Pedy, which at times is somewhat frayed.” with its constitution as a Conservation Australia and will be co-managed August to attend the formal celebrations. Park, is part of the Antakirinja A seven-member co-management board by local Aboriginal community Minister Hunter said the park has cultural Matu-Yunkunytjatjara native title has been formed for the park, including and government. and environmental significance and the claim resolution negotiations. four representatives from the Antakirinja After many years of negotiations, an “partnership will help to protect the area Matuntjara Yunkunytjarjara people, two Tim Wooley, AM-Y native title lawyer, agreement was reached between well into the future”. from the District Council of Coober Pedy said the agreement will help build positive and one from DEWNR. the District Council of Coober Pedy, “It [the park] has great cultural relationships between all involved. Department of Environment, Water significance for the Antakirinja Estimated to be more than 70 million “The Breakaways Conservation Park and Natural Resources (DEWNR) and Matuntjara Yunkunytjatjara people, years old, the Breakaways are a group Co-Management agreement not only Antakirinja Matu-Yankunytjatjara as well as being geologically important, of flat-topped hills close to the Stuart gives the AM-Y native title group greater Aboriginal Corporation (AM-Y). and providing vital habitat for arid flora Ranges. The conservation park covers control over an iconic area of cultural and fauna species,” almost 15,000 hectares. A formal hand-over of the park to the native importance to themselves and other title group took place on 6 August this year. “This partnership and the co-management Aboriginal people of the broader region, The state’s first Aboriginal-owned park – Ian Crombie, Chair of AM-Y Aboriginal arrangements over the park ensure it also provides a platform through the the Mamungari Conservation Park Corporation, said the park’s management that the high quality of the natural co-management board to partner with north-west of Ceduna – was returned to team has had its first meeting and is environment is enhanced and its cultural the non-Aboriginal people of Coober Pedy the Maralinga Tjarutja people in 2004. looking at ways to improve the park. “We are looking at putting up barricades, walking trials and information signs for visitors”, Mr Crombie said. “It [the co-management] will ensure Aboriginal heritage and culture is protected and the community is pleased with this outcome. We have local government on board and people can now start to get involved in managing the park. Which is good because many hands make light work,” he said. 2 Aboriginal Way, October 2013 Tjayiwara Unmuru celebrate native title determination On 16 July, the Tjayiwara Unmuru “Native title applications are notoriously native title group gathered at a site long, expensive and unnecessarily of significance in South Australia’s complex. That, however, was not the far north, to receive their native case in this matter.