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Barngarla People's Application for Native Title Determined

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Aboriginal Way Issue 59, Winter 2015 A publication of South Australian Native Title Services Students from Hampstead Primary School at the 7th Annual Anniversary of the National Apology to the Stolen Generations Breakfast. Barngarla People’s application for native title determined On 22 January, the Barngarla the Federal Court following a trial; the “In my view, [the] material supports the square kilometres, was filed in April 1996. People’s native title claim was first was the De Rose Hill determination conclusion that in the period between The Barngarla People now have the right determined in the Federal Court in 2005. effective sovereignty and the present to hunt, fish, camp and undertake cultural by His Honour Justice Mansfield. day, the Barngarla tribe as it existed activities, such as ceremonies and His Honour found that since sovereignty The determination is significant as at sovereignty has continued to exist, meetings on their land. it covers a large portion of the Eyre there had been a continuous and the present claim group is the Peninsula and includes the regional acknowledgement of the traditional continuation of the original Barngarla Keith Thomas, CEO of South Australian Native Title Services, townships of Port Lincoln and Whyalla. Barngarla laws and customs, giving people,” said Justice Mansfield. welcomed the decision. It is the second native title claim to rise to his recognition of their native title The Barngarla claim includes land and be recognised in South Australia by rights in the lands and waters claimed. waters covering an area of about 44,480 Continued on page 2 Inside: New Minister for Aboriginal Affairs and Reconciliation 2 National Native Title Conference 2015 4 Seven years since apology 8 New Minister for Barngarla People’s Aboriginal Affairs application for native and Reconciliation – title determined Continued from page 1 Barngarla people on their success,” Kyam Maher said Mr Thomas. As part of Premier Jay Weatherill’s “It’s a fantastic result for the Barngarla Barngarla people have praised the cabinet reshuffle Hon. Kyam Maher people which gives them certainty Federal Court’s decision to grant MLC is South Australia’s new in moving forward enabling them to native title over large areas of the Minister for Aboriginal Affairs plan with confidence their future Eyre Peninsula, giving special mention and Reconciliation, replacing economic, social and cultural to those who worked tirelessly on the Hon. Ian Hunter MLC. aspirations. I congratulate all the claim over the past 18 years. Minister Maher said he is “exceptionally proud… [and] very honoured to serve in this area”.The Minister acknowledged the breadth of the position and revealed some of the direction he foresees for policy concerning South Australian Aboriginals. In order to understand the political force Minister Maher. that is Kyam Maher, it is necessary to challenges and initiatives that need to turn to his early years. Mr. Maher was be taken in this area. born in Papua New Guinea to Jim and Viv Maher. He spent the earliest parts of Our new South Australian Minister for his childhood in Littlehampton, before Aboriginal Affairs and Reconciliation moving to Mount Gambier. Mr. Maher wants to work toward “understanding attributes his strong value system to [the relationship] between Aboriginal both his parents and the community ties and non-Aboriginal South Australians, he grew up with in rural South Australia. about the shared history we have”. Both Mr. Maher’s parents are former In 2012 Kyam Maher delivered his State Labour Party candidates. first speech to the South Australian Additionally, many members of his Parliament. Mr. Maher opened with an extended family have ties within the explanation of why he entered politics. party too. Mr. Maher has said his natural Mr. Maher’s answer was simple, inclination toward progressive politics and spoke of his rural upbringing. began with his parents and continues Mr. Maher desired “to see everyone into his political career to this day. in our community having the opportunity to share in the benefits of living in Mr. Maher has been consistently open South Australia”. about his Aboriginal heritage through his maternal side. He said this connection Mr. Maher spoke about the profound “has not played an active role in…[his]… affect working in Aboriginal Affairs Royal Commission to life”, but he is proud to be linked to “the previously had imparted on him. In oldest living culture in the world”. his speech, he acknowledged the disadvantages many Aboriginal look at SA’s nuclear Before acquiring his current portfolio, Mr. Australians continue to face in modern Maher held several other parliamentary Australia. Mr Maher chastised this state industry potential positions. Most notably, in 2002 he was of affairs, commenting “it makes us less appointed Chief of Staff to Terry Roberts, of a nation when the Traditional Owners The State government has launched the community and industry during the who at the time held the portfolios of of this country endure some of the worst a Royal Commission to consider initial four weeks of consultation, helping Regional Affairs, Aboriginal Affairs and levels of disadvantage, poverty and what role South Australia could to shape the final Terms of Reference. Correctional Services. His first job dislocation that occur today”. play in the fuel cycle for the use This is “a significant moment in our posting after completing his degrees of nuclear energy. When viewed with hindsight, Mr. Maher’s of economics and law at The University State’s history – the commencement of passed conviction that Aboriginal Affairs After a brief consultation period, the of Adelaide, was working in a legal the most thorough investigation into the “is an area that is so important we Royal Commission commenced on capacity with the Crown Solicitors Office. nuclear fuel cycle and its feasibility in need to make every effort to keep 19 March with former Governor South Australia,” he said. Mr. Maher’s passion for Aboriginal Affairs making a difference”, seems somewhat Kevin Scarce appointed as Royal policy has carried through into other prophetic considering Mr. Maher’s Commissioner, and the release of “Minor changes have been made to the parts of his life. Most notably, he served recent acquisition. The Minister recently the final Terms of Reference. draft Terms of Reference following the as a board member of Reconciliation made the comment that “once you second round of consultation including The Commission, the first of its Australia for the twelve months prior start working in Aboriginal Affairs placing further emphasis on learning kind in Australia, will have until May to his appointment as Minister. Mr. you never stop working in that area”. lessons from past experiences in regards 2016 to provide a final report to the Maher has stated that he believes the For Mr Maher, this work began well to environmental impacts. State Government and will look into ‘reconciliation’ part of his portfolio is before his appointment as Minister. the production of nuclear energy, as very important. He said he is determined “A further change seeks to address the It remains to be seen if Minister Maher well as the enrichment of uranium and to put his “own stamp on the Aboriginal potential for the development of related will be driven by the same beliefs he waste storage. Affairs and Reconciliation Portfolio”. industries and any adverse impact on held on Aboriginal Australia when he It will not look into withdrawing from other sectors,” said Mr Weatherill. Mr. Maher’s early plans for the portfolio delivered his first speech in 2012 in the uranium mining or nuclear use for include his desire to visit the APY Lands South Australian Parliament. It is hoped A website for the Royal Commission military/defence purposes. as soon as possible. He believes it is he does indeed make every effort to has been established to provide imperative that both his department and keep making a difference for South Premier Jay Weatherill said more than relevant updates and information to the communities meet to discuss the Australian Aboriginal communities. 1000 submissions were received from the public www.nuclearrc.sa.gov.au. 2 Aboriginal Way, Winter 2015 Native title compensation claim filed in state’s far north west On 27 February, the Tjayiwara for the portion of the Stuart Highway These acts ‘extinguished’ native title. The compensation application will now Unmuru native title holders filed that traverses the Tjayiwara Unmuru Pursuant to the Native Title Act, proceed to a formal notification process South Australia’s second native determination area and a digital radio the native title holders are entitled by the National Native Title Tribunal. title compensation application to compensation. Importantly, concentrator in the State’s far north-west. in the Federal Court, following native title holders are entitled to South Australia’s first native title authorisation of the application by Compensation is sought pursuant to ‘just terms’ compensation. compensation application – in the native title holders at a meeting the (Cth) on the De Rose Hill – was successfully Native Title Act 1993 On 4 March 2015, his Honour Justice in Alice Springs on 23 February. basis that these acts occurred after Mansfield adjourned the compensation resolved through the country’s first The application seeks compensation the commencement of the Racial application to allow the parties to native title compensation consent from the State of South Australian Discrimination Act 1975 (Cth). progress the matter. determination in 2012. Aboriginal Corporations managing Aboriginal heritage In 2014, several Aboriginal Corporation RNTBC, Ngadjuri the Mining Act and other agreements impact directly as a result of delegation Corporations were delegated Nation Aboriginal Corporation and under section 31 of the Native Title Act of Ministerial powers. Ministerial powers under the Yandruwandha Yawarrawarrka Traditional and Indigenous Land Use Agreements.
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