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Native Title Recognition for Two of the Oldest Claims in SA

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Aboriginal Way Issue 58, Spring 2014 A publication of South Australian Native Title Services Kokatha Wangkangurru/Yarluyandi Native title recognition for two of the oldest claims in SA Two specially convened federal “I welcome everyone here today, to “Today is very special for Kokatha Complex land use negotiations with court hearings took place in celebrate our special day; I would like people. It will be remembered by Kokatha BHP and the State were a major part September and October this year to to recognise all the hard work that people present today and by future of the native title claim process. declare native title exists for areas has gone on over the years and to all generations as the day we were finally recognised as the Traditional Owners Mr Starkey said “Kokatha have been of Kokatha and Wangkangurru/ the people who have got us here today,” of a very culturally significant part of the working behind the scenes with Yarluyandi country. he said. Australian landscape,” he said. BHP billion and the Indigenous Land The Kokatha native title claims were Andrew Starkey, Chair of Kokatha Corporation to collectively secure Roxby determined by Chief Justice Allsop on The determination covers most of the Downs, Purple Downs and Andamooka Aboriginal Corporation said the day country between the Lake Gairdner 1 September at Andamooka Station. Station leases and to operate the stations will always be remembered as the salt lake and Lake Torrens, and includes as an ongoing pastoral business. Glen Wingfield welcomed everyone to day the Kokatha people were officially Roxby Downs and Olympic Dam in Kokatha Country. acknowledged as Traditional Owners. South Australia’s northern region. continued on page 4 Inside: Tandanya celebrates 25 years 2 National approach to support Indigenous consumers 7 Koonalda Cave makes National Heritage List 8 Tandanya celebrates Native Title update It has been a successful 18 months was handed down on the 6 November 25 years for South Australian Native Title 2013. The case was a major test case Services, with a number of brought by a Narungga man Owen Australia’s oldest Aboriginal owned for people to experience the arts significant long-standing native Karpany who challenged a prosecution and managed multi-arts centre, and culture of contemporary and title claims being resolved. by the State Government concerning Tandanya, celebrated its traditional Aboriginal and Torres Strait amounts and size of abalone taken 25 birthday, last month. Islander People. In this period, the native title applications from South Australian waters. The Named after the Kaurna word for ‘place “Tandanya continues to enjoy a national determined were Wangkangurru/ litigation confirmed the applicability of the red kangaroo’, Tandanya was and international reputation for innovation Yarluyandi, Kokatha, Tjayiwara Unmuru, of section 211 of the Native Title Act established following the 1988 Australian and excellence in visual art exhibitions,” Far West Coast, Adnyamathanha 1 to the State fisheries legislation and bicentennial celebrations after calls Mr Ritchie said. (stages 2 and 3) and the Dieri # 2 claim. associated regulations. The case has for a national centre of Aboriginal arts Minister for Aboriginal Affairs and That takes the number of native title set a precedent that native title holders and culture. Reconciliation Ian Hunter said “The determinations in South Australia to 23. are not constrained by recreational bag The Far West Coast application was the limits or size limits, where the take is for To celebrate the anniversary Tandanya centre continues to play an important largest in South Australia and involved the purpose of satisfying their personal, hosted arts and cultural workshops role in supporting Aboriginal economic domestic or non-commercial communal including weaving and painting, development,” multiple language groups who had needs, and in exercise or enjoyment of throughout the school holidays, and combined former separate applications Tandanya is owned and managed by the their native title rights and interests. open the galleries and spaces for National Aboriginal Cultural Institute Inc. as far back as 1995. an evening of entertainment by local Of note also was the finalisation of a Tandanya is located at The De Rose Hill compensation Aboriginal artists and musicians. number of settlement ILUAs negotiated 253 Grenfell Street Adelaide SA application was also determined in at the same time as the consent Tandanya Chief Executive Officer Timothy 5000 or yarn with Tandanya at October 2013, being Australia’s first determinations. These agreements Ritchie said Tandanya is a vibrant place [email protected] successfully determined native title resolve compensation issues between compensation claim. The Native Title the State of South Australia and the Act 1993 (Cth) entitles native title holders native title holders, and provide for to make applications for compensation alternative simplified future act regimes. for any “loss, diminution, impairment SANTS has begun to focus its attention or other effect” of certain acts on their to post native title assistance. Currently native title rights and interests that have there are 14 Prescribed Body Corporates occurred since the introduction of the (PBCs) operating in South Australia, and Racial Discrimination Act 1975 (Cth). SANTS play a key role in supporting their The consent determination was the final operation, providing services to assist legal step to resolve the State of South with corporate governance, corporate Australian’s compensation liability without administration, and legal advice. the need for litigation, and was based on a confidential settlement agreement SANTS congratulates those who have achieved their native title at this time. between the parties. We look forward to working closely with Also of significance was our successful native title holders and claimants to intervention in Karpany v Dietman in the realise their aspirations in terms of native High Court. Judgment in this matter title rights and interests. Merry Christmas from SANTS Keith Thomas, CEO I was delighted to attend the Kokatha our general work continuing to produce Consent Determination with a significant outstanding outcomes for clients, it has number of claimants attending on country been a significant and busy period for at Andamooka Station. It is a tremendous SANTS’ staff. result for the Kokatha people. It also gave The SANTS Board has continued to me a great deal of pleasure to attend provide strong leadership and governance the Wangkangurru/Yarluyandi Consent to SANTS. A warm welcome to April Determination in Birdsville. A SANTS Lawrie-Smith, who joined the Board of Director, Libby Bishop, also attended SANTS as a new Director in November. and represented SANTS most I look forward to working with her in 2015. competently at the bench. The site of the hearing was at a location named Pelican Point just out of Birdsville on On behalf of the SANTS a peninsula jutting into the billabong. Board and staff, I wish It was an absolutely beautiful location which coincided with great weather to you all a safe and make it a most memorable occasion. enjoyable Christmas Keith Thomas. SANTS is also pleased to be assisting break with family and PBCs to develop strategies to assist in I am delighted to wish our readers Christmas is that time of the year when friends and look forward facilitating their economic, social and of the Aboriginal Way a very Merry families and friends get together and cultural aspirations. to your continuing Christmas for 2014. It has been share their memories and experiences Other highlights have been settling the support in 2015 as we a busy year and, as always, I am of the past twelve months. It is also the restructure of the SANTS organisation endeavour to achieve grateful for the help and support time when, as an organisation, SANTS and the complete office refurbishment from all of the staff at SA Native can look back on everything that has which has resulted in a more open, the best possible Title Services. been achieved throughout the year. lighter office environment. Together with outcomes for our clients. 2 Aboriginal Way, Spring 2014 Federal cuts to South Australia’s remote Aboriginal communities confirmed The federal Liberal government $10 million to transition responsibility “This offer is insulting and we cannot, Hon. Ian Hunter said “the State has confirmed annual funding for for MES to the state. in all good faith, even contemplate Government plans to fight the Federal municipal and essential services accepting it,” Mr Hunter said. government on this cut as the State (MES) for South Australia’s regional This equates to only three years government is not in a position to make and remote Aboriginal communities of funding for regional and remote “This is an area the Commonwealth up the money that is being cut”. will no longer be provided after communities. Government has been funding and June next year. leading for more than 50 years, Minister for Aboriginal Affairs and “Prime Minister Abbott claims to be it cannot now just abandon Aboriginal The funding of around 10 million is used Reconciliation Ian Hunter says the Prime Minister for Indigenous Australia.” for the running of basic services, such as South Australia will not be intimidated People but this shows that he’s not infrastructure maintenance, power, water, by the Abbott Government’s decision Under the Commonwealth’s plan, prepared to stand up for the 4000 food services, rubbish collection and to unilaterally
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