Aboriginal Way Issue: 42, Oct. 2010 A publication of South Australian Native Title Services Southern Boomerangs

Cricket season is upon us again and above is the 2010 Southern Boomerangs team which finished 3rd in the Imparja Cup.

More cricket news on back page.

Front Row: Dale Abdulla, Peter Graham, Dylan Butler (Vice Captain), Peter Thomas (Captain & Coach), Ken Karpany, Marcus McGregor-Cassady. Back Row: Allan Miller (Manager), Matthew Bedgegood, William Serle, Raymond Smith, Dominic Croft, Kevin Thomas, Jamie McCafferty, Michael Case (Assistant Coach). Photo courtesy SACA. Case could set legal precedent over mining on SA’s salt lakes Legal battles are looming following The Minister gave Straits (Exploration) proposal and the Minister’s decision, Court soon. But the battle does not a decision by the Minister for Australia Pty Ltd authorisation under because they assert that Lake Torrens end there for the claimant group, who Aboriginal Affairs and Reconciliation, section 23 of the Aboriginal Heritage is of major traditional significance to the have been taken to the Environment, to allow damage, disturbance and Act 1988 (SA) on 7 July 2010 to damage, Kokatha people and that they are the Resources and Development Court by interference of Aboriginal sites at disturb or otherwise interfere with any traditional owners of the site. the mining company who have asked the Lake Torrens and Andamooka Island. Aboriginal sites, objects or remains that Court for a decision to allow the mineral are located within the area programmed Adnyamathanha people have also voiced South Australia’s Aboriginal community exploration to proceed. for mineral exploration. their opposition to the decision. feels betrayed by the Minister, Grace The matter is listed for a trial on the week Portolesi. Her decision means areas The registered native title claimants, It is expected that an application for a commencing 22 November 2010. of Lake Torrens are under threat from Kokatha Uwankara, have voiced their judicial review of Minister Portolesi’s mineral exploration. opposition to the mineral exploration decision will be made to the Supreme continued on page 3

Inside: Vince Coulthard honoured with National NAIDOC award 3 New members appointed to Aboriginal Advisory Council 6 $34 million to boost child protection in the NT 7 Parry’s view South Australian native title claims update

Adnyamathanha First Peoples of the River Flinders Ranges Murray & Mallee Region Part settled through approved Riverland and Murray Mallee Region determination (March 2009) In mediation: Federal Court. Balance of claim in mediation: Federal Gawler Ranges Court/National Native Title Tribunal. North of Eyre Peninsula Antakirinja Matu-Yankunytjatjara In mediation: National Native Title Tribunal. Coober Pedy area In mediation: Federal Court/National Native Kaurna Title Tribunal. Fleurieu Peninsula north to Port Broughton Arabunna In mediation: National Native Central SA including Lake Eyre Title Tribunal. In mediation: Federal Court/ National Native Title Tribunal. Kokatha Uwankara Lake Torrens Region Barngarla Not in mediation. Eyre Peninsula Nauo In mediation: Federal Court. Eyre Peninsula Dieri In mediation: National Native Central SA east of Lake Eyre Title Tribunal. In mediation: Federal Court. Ngarrindjeri River Murray, Lakes and Above: SANTS CEO, Mr Parry Agius. Dieri 2 Eastern SA north of Lake Frome Coorong Region There’s no doubt the decision the Rann Government’s back down on In mediation: National Native In mediation: National Native made by Minister Portolesi to its decision to sell off The Parks, in Title Tribunal. Title Tribunal. allow a minerals explorer to Adelaide’s western suburbs. It did so, Eringa Nukunu damage, disturb or otherwise after a very loud public backlash. Spencer Gulf Region Far north SA including portion interfere with Aboriginal sites, In mediation: Federal Court. If we could get the public to be Witjira National Park objects or remains at Lake equally as dismayed about this Area over Witjira National Park Wangkangurru/Yarluyandi Torrens has deeply offended potential desecration at Lake Torrens, settled through approved Simpson Desert Region and Aboriginal people. then perhaps we could convince the determination (September 2008) extending into QLD Minister to change her mind without There’s also little doubt that the In mediation: Federal Court/ In mediation: Federal Court/ Kokatha Uwankara claimants and the the need for legal action. National Native Title Tribunal. National Native Title Tribunal. Adnyamathanha people will not sit by However, that doesn’t appear likely at Wirangu 2 and let this decision go unchallenged, this stage so SANTS will support the Eringa 2 Eyre Peninsula and West Coast as is their right. native title claimants in their efforts Far north SA including portion In mediation: National Native to have the decision assessed at the Witjira National Park The Kokatha and Adnyamathanha Title Tribunal. judicial level. Area over Witjira National Park peoples assert that Lake Torrens is settled through approved Yandruwandha/Yawarrawarrka of major traditional significance and It is the right of the people to challenge determination (September 2008) Innamincka area they are asking the Supreme Court government decisions – afterall we live In mediation: Federal Court/ Not in mediation. of South Australia to order a judicial in a democracy and we have systems National Native Title Tribunal. Information provided by the National Native review of the Minister’s decision. and processes in place to protect the Title Tribunal – visit www.nntt.gov.au for more interests of all who live in this country. Far West Coast about native title. Decisions are made everyday by Far West Coast SA For information on claim activity (other than governments – some are popular, Due process will sort out this dilemma – mediation) contact the South Australian some are not. Recently we witnessed hopefully to the satisfaction of all parties. In mediation: Federal Court. Native Title Services. Social Justice Commissioner visits Support Aboriginal and Torres Strait Islander Social Justice community Commissioner, Dr Mick Gooda visited Adelaide in July. artists He was a guest of Aboriginal Legal Rights Nominations are being called for Movement during an informal community from artists and Indigenous leaders meeting where he received an update on to represent their communities and funding issues facing the organisation. regions on the Statewide Indigenous Community Artists Development ALRM CEO, Mr Neil Gillespie said Reference Group. he appreciated the generosity of Commissioner Gooda to meet with the Nominations can be made by email to Aboriginal community of South Australia. [email protected] or by writing to Ananguku Arts, Tandanya, Level 2, Dr Gooda gave an update on the Racial 253 Grenfell St, Adelaide SA 5000. Discrimination Act, the Northern Territory Intervention and the Health Reforms Nominations close on 30 October 2010. Above: Dr Mick Gooda – Aboriginal and Torres Strait Islander Social Justice Commissioner, undertaken by the Australian Government. Sandy Miller – ALRM Board Member, Neil Gillespie – ALRM CEO. Contact Terry Cleary for more information.

2 Aboriginal Way, October 2010 Vince Coulthard honoured with National NAIDOC award

Vince Coulthard has been Vince has been the Director of South National Indigenous Radio Service. Part of the first South Australian native honoured with the Lifetime Australia’s only Aboriginal Radio Station, He is an Adnyamathanha man, born title claim, Vince has been Vice Chair Achievement award by the Umeewarra Aboriginal Media Association, in Leigh Creek and he grew up on the of the Adnyamathanha Traditional Lands national NAIDOC committee. for 16 years and is the Director of the Nepabunna Mission. Council for 13 years.

In 2009, led by Vince, the Adnyamathanha people won a consent determination over the largest native title claim in the state.

Vince was one of the first Aboriginal rangers employed by National Parks in South Australia and helped bring about the first Indigenous land usage agreement over a national park in South Australia.

He has facilitated many significant cultural events and is founder and director of the Iga Warta community, whose members explain the Dreaming and walk their country with visitors.

Instrumental in setting up the Nunga Court in Port Augusta, Vince continues to contribute as a mediator, elder and cultural mentor.

Vince has received three local NAIDOC awards, a Premier’s Australia Day Award and the Federation Medal.

A tireless champion of Indigenous voices, land rights and justice, Vince Coulthard empowers others to fulfil their dreams and make a difference. Case could set legal precedent over mining on SA’s salt lakes continued from page 1 “Lake Torrens is an area of great cultural destroyed Aboriginal people believe it “This decision could have a significant significance to the traditional owners of has a physical impact, so they believe impact on the traditional owners. Our This case has the chance of setting a precedent for mining companies wishing the region and other Aboriginal people they could fall sick or worse. culture is the oldest living culture in the in the state. It is also the subject of a world, we should do everything we can to to explore on South Australia’s salt lakes. “Aboriginal people call on Minister registered native title application the protect these ancient and important areas. “South Australian Native Title Services Portolesi to reconsider her decision.” Kokatha Uwankara native title claim. Limited supports traditional owners “These areas are not only important and Mr Agius said that traditional owners and native title claimants in seeking “The Minister seems to have made this significant to Aboriginal people but to all and SANTS were not opposed to mineral to have sites of significance protected decision without thinking about the Australians. These places are unique in exploration or mining, but that they from damage and disturbance by mining impact on Aboriginal people,” said Parry the world and we should look after them. believed their sites should be protected. companies and its legal team is currently Agius, CEO of South Australian Native working overtime on attending to these SANTS is concerned that this decision Mr Agius said the Minister has been asked Title Services (SANTS). important matters,” said SANTS CEO might become an unwelcome precedent to give her reasons for the authorisation Parry Agius. “When Aboriginal sites are disturbed or for traditional owners in South Australia. but as yet she had not responded. APY Permit system relaxed Some people wanting to visit the required to notify the APY Executive of people wanting to enter the lands need consultation with the State Government. APY Lands will now be able to do so their visit. to notify the APY Executive but no longer “I believe the By-Laws will have a positive without having to wait for permits. need to wait for a permit.” “By avoiding delays in processing the impact on the APY Lands communities The APY Executive Board has eased the applications, we can allow contractors “Notification is still required to because they will ensure Government process through which access to the to provide essential services and assist ensure cultural consideration and the funded services that promote health and lands can be obtained. journalists to report on issues of interest communities’ privacy is protected, safety can be provided without delays.” on the APY Lands,” said Minister for for example when Sorry business is Australian Public Service employees, “These changes will maintain the Aboriginal Affairs and Reconciliation, occurring in the area,” said Ms Portolesi. contractors, journalists and Australian discretionary powers of the APY Grace Portolesi. Federal Police will no longer have to The changes to the APY Lands By-Laws Executive Board in relation to members apply for permits, although they still are “The changes mean that these groups of were made by the APY Executive Board in of the general public,” said Ms Portolesi.

Aboriginal Way, October 2010 3 Aboriginal Heritage News To recognise the importance of Heritage and Native Title being considered together, the Aboriginal Heritage Branch (AHB) of the Aboriginal Affairs and Reconciliation Division (AARD) will have a small section in this newspaper to address what we are doing about important issues.

The State Aboriginal Heritage Committee (SAHC) and the AHB are working closely with the Congress Heritage Sub-Committee and the South Australia Native Title Services (SANTS). Song Line Project Traditionally, Aboriginal heritage square. DPC-AARD would like to thank sites have been recorded site by and acknowledge all who have made site, with little to link them together. this project possible: elders Ken and A project is now underway in the Margaret McKenzie, Regina McKenzie, southern Flinders Ranges to record Archaeologist Peter Saad, Kelly Michael an entire song-line, integrating both and Flinders Uni students, and of course, the story and the archaeology. the Hawker kids - Anna Oakley, Pearl Irlam, Quentin Coulthard (Tin Tin), Viliwarinha Yura Aboriginal Corporation Daniel Coulthard (Dan Dan), Todd Irlam is working in partnership with the and the boys from Yappala. Department of Premier and Cabinet, Aboriginal Affairs and Reconciliation Aboriginal Heritage Branch Division (DPC-AARD) and consultant DPC-AARD archaeologist Peter Saad to develop Additionally, as part of the song a way of recording song lines and line project, staff from the Heritage associated heritage sites, investigating Information Team are exploring ways both the key sites and working out what that song lines can be displayed on a defines the pathways between them. map and within a Geographic Information The fieldwork has been shaped by the System (GIS). accounts of elders and senior community people, while Flinders University students To assist with the recording of sites and have joined with young people from important parts of the song line story, a Yappala and nearby Hawker, to help new GPS device was acquired along with record sites. a Global Positioning System (GPS) digital camera and a video camera to record It has been great to see the enthusiasm the knowledge shared by Aboriginal of the many young people who have people. Using this technology we were helped in the fieldwork, with several able to begin to define important parts showing an interest and an aptitude for of the song line, including the linking of archaeological survey, taking especially the features in the landscape and the to site identification and the Global culturally significant areas. Positioning System (GPS). Through this project and the sharing of Regina McKenzie, representing knowledge by Aboriginal people, staff Viliwarinha, was excited to see the young at DPC-AARD are learning more about people engage in the project and hopes the complexity of the Aboriginal cultural that the experience encourages them to landscape and are exploring better consider future pathways in heritage. ways of recording this information and The song line project has inspired and conserving this invaluable information helped all involved to look outside the for future generations.

This page sponsored by the State Government of South Australia

4 Aboriginal Way, October 2010 From the Chairperson Aboriginal Paying our respects Cultural heritage in DECS school curriculum It has been some time since my last Heritage conversation with you all and there is In partnership with the Department much to speak about that has been of Education and Children Services the happening within Aboriginal Affairs State Aboriginal Heritage Committee Branch and heritage protection in particular. (SAHC) and the Department of the Premier and Cabinet, Aboriginal Affairs I commence this article by paying and Reconciliation Division (DPC-AARD) Got a Heritage question? respects to the families of our recently have been working on the introduction departed members of our community. of Aboriginal cultural heritage studies Want to be on our There have been many important within the school curriculum. distribution mailing list? people pass away in recent times and our community is the poorer for their We are of the view that if children If you answered yes, passing. We need to listen to and take are taught about the importance of our culture in schools, this will lead please contact us by notice of our elders while they are alive Above: Syd Sparrow, Chairperson. to a better understanding, tolerance because every time we lose an elder we writing, emailing or and acceptance of the importance of lose part of our connection to the past. Review of the Aboriginal Heritage phoning via the contact Act 1988 (SA) protecting Aboriginal heritage in this details listed below. More importantly, we that are left, state and nationally. There isn’t much to say about this in this are responsible for seeing that their report as the review has slowed down I will keep you informed as these dreams are achieved and their legacy Manager a little in the last few months, however exciting developments as they arise is continued. Ms Anne Stimson there will be more to comment on in the as it shows the proactive nature and [email protected] SAHC next few months as we approach the visions of the SAHC. Ph: (08) 8226 8902 or final stages of the review process. I urge The issue of Aboriginal heritage has Our next meeting is planned for the our community to be patient with this 0401 124 391 received more media attention in recent Whyalla area in late September. We review and to see what ways you can times with a number of controversial look forward to meeting many of you further participate in it by contacting the Heritage Conservation matters being played out in the during our time there. Department of the Premier and Cabinet, Heidi Crow newspapers and elsewhere. Aboriginal Affairs and Reconciliation Respectfully yours [email protected]

I remind the community that the role of Division (DPC-AARD) Review Team. Ph: (08) 8226 8917 the State Aboriginal Heritage Committee I guess the good thing about the is not one of being the decision-maker Act being reviewed is that we have the Community and with respect to development applications opportunity to have changed the things Industry Relations but advisors to the Minister for Aboriginal that do not work for our people in the Ms Meredyth Taylor Affairs and Reconciliation who actually current Act, I remain optimistic that a makes the decision as to whether our new Act will better assist the protection Syd Sparrow [email protected] cultural heritage is protected or not. of our cultural heritage. Chairperson Ph: (08) 8226 8951

Heritage Information Management Justin Wearne [email protected] Ph: (08) 8226 8860

Register Searches [email protected]

State Aboriginal Heritage Committee Leata Clarke [email protected] Ph: (08) 8226 6200

Fax number (08) 8226 0390

Location State Administration Building, Level 13 200 Victoria Square/ Tarndanyangga ADELAIDE SA 5000

Postal address GPO Box 2343 ADELAIDE SA 5001

This page sponsored by the State Government of South Australia

Aboriginal Way, October 2010 5 New members appointed to Aboriginal Advisory Council

Three new members have been played a major role in the establishment Danielle James is a respected Police Continuing members of the Council appointed to the South Australian of the State Aboriginal Elders Forum. Officer, Ngarrindjeri and Kookatha are Parry Agius (chairperson), Mary Aboriginal Advisory Council. Ms Miller is a tireless international woman. She has an established career Anderson, Karl Telfer, Paul Vandenbergh based on integrity and ethics. Having The appointments were made by advocate for human rights in Australia, and Deborah Bond. secured a position in the South Australian Aboriginal Affairs and Reconciliation participating in United Nations forums. Police Anti-Corruption Branch, Ms James The role of the Aboriginal Advisory Minister, Grace Portolesi. They are Sandra Allan Jones is a Mining and Energy brings a high-level understanding of Council is to provide the government Miller, Allan Jones and Danielle James. consultant. He brings a local, state and complex justice matters to the Council. with advice on programs and policies Sandra Miller is a senior Wirangu woman national understanding to implementing Two other council members have been and how they affect Aboriginal people. from the far west coast of South Australia. effective Education and Employment reappointed. They are Leanne Liddle, an The Council is complimented by the She has had more than 38 years’ Community Strategies for Aboriginal Aboriginal environment expert and lawyer role of Commissioner for Aboriginal experience in the human services arena. people. Mr Jones’ experience negotiating and Aaron Stuart, a Port Augusta-based Ms Miller set up the first Aboriginal Link- in the mining industry and management man with 17 years’ experience with South Engagement, Klynton Wanganeen, who Up Program for Aboriginal people who of complex stakeholder relationships is Australian Police and now a senior project acts to ensure Aboriginal people have a were removed from their families and a valuable asset to the council. officer with Centacare. public advocacy voice to support them.

Eye checks urged by Health Ministers Two federal government Ministers and Torres Strait Islander people with low Strait Islander Australians is preventable health for Indigenous Australians, and have urged Indigenous Australians vision and 3,300 who are blind. or treatable and early detection and has recently signed funding agreements to get their eyes checked. treatment can make all the difference,” for the control of potentially blinding eye “Indigenous people have much high she said. disease trachoma with WA ($1.7 million to Minister for Health and Ageing Nicola rates of eye disease than non-Indigenous June 2011) and the NT ($3.4 million Roxon and Minister for Indigenous Australians, with blindness rates 6.2 “My message for Indigenous Australians to December 2011). Health Warren Snowdon say there is times higher than the mainstream is therefore a simple one: Get your a need to reduce the high rate of eye population,” Minister Roxon said. eyes checked – regularly,” Minister “This will provide for the screening and treating of trachoma in 120 communities disease in Aboriginal and Torres Strait Snowdon said. “While the high rates of eye disease are at least once a year, and provide Islander Australians. disturbing, we know that most of this The Australian Government is investing community visits, follow up and health There are more than 15,000 Aboriginal vision loss amongst Aboriginal and Torres $58.3 million to improve ear and eye promotion activities,” Mr Snowdon said. New jobs and training available at Ayers Rock Resort The Indigenous Land Corporation tourism and hospitality workforce for At present, only a few of the 670 staff In May, the Government released the draft has bought Ayers Rock Resort paving other facilities across the country. at the resort are Indigenous, the ILC is of the long-term strategy which will be used the way for more employment and aiming to employ 340 Indigenous staff to guide and inform future policy decisions The ILC expects the academy will train training for Indigenous people. in Indigenous economic development. 200 people each year from 2013. by the end of 2018. It focuses on five key areas for improving The ILC is committed to train and This new initiative complements the The ILC has acquired the Ayers Rock the prosperity of Indigenous people: employ Indigenous people. Australian Government’s commitment Resort from property group GPT in education and individual capabilities; The ILC will establish a National partnership with Wana Ungkunytja, to increasing Indigenous economic sustainable job opportunities; supporting Indigenous Training Academy at Yulara representing business interests in development, and aligns with the business and enterprise development; to train new resort staff and support the nearby communities of Mutitjulu, approach outlined in the draft Indigenous financial security and strengthening the the development of an Indigenous Imanpa and Docker River. Economic Development Strategy. foundations for economic development.

6 Aboriginal Way, October 2010 Ceduna artist National Congress wins prize Nominations to re-open The National Congress has put in place “The Board will consult with the new deadlines for nominations for its Returning Officer and publish a new first national meeting of members. timetable as soon as possible to allow people to submit nominations. The Congress said it was doing so as a response to requests to re-open nominations. “As we establish the organisation and our processes, we are determined to get it right. Co-Chairs Sam Jeffries and Dr Kerry Arabena said the Board listened to its “The extension will ensure that first members and the public and will publish Congress is robust and representative of a new timetable shortly to reopen our membership,” said Mr Jeffries. nominations and include new deadlines. Dr Arabena says the extended timetable The National Congress of Australia’s First also means the first meeting will now Peoples opened nominations last month take place in 2011 and provides and for people to apply to become one of the opportunity to allow members a more 120 delegates to its annual forum. democratic election process.

Nominations were also opened for “The agenda setting of the first individuals to stand for the first election Congress meeting is one of the most of male and female Co-Chairs. important priorities for the Congress,” “We received a good return of said Dr Arabena. applications from the very short “At this meeting, the elections of our nomination period,” said Mr Jeffries. Co-Chairs and Directors will be confirmed.

“We also received recommendations “The success of the Congress and the from a range of interested people who calibre of our delegates and Board can Ceduna artist Beaver Lennon He was presented with $5000 in prize said the timeframe for nominations was only be as good as our membership. (pictured above with The Break of money for his painting, The Break of not long enough. Dawn) won the Adelaide Festival Dawn. The painting was selected from a “We are also setting new standards for “People sent emails, letters and phoned Centre’s South Australian Indigenous field of more than 80 works for this year’s leadership in Australia with professional us to say that they would have nominated, Acquisition Art Award. Our Mob exhibition. standards for office holders and gender but the timing clashed with AGMs, equity for our representatives. conferences and other commitments. “To have your say and the chance “The Congress Board is committed to to stand for election, you must be a $34 million to boost child a fair and inclusive process to ensure member of the Congress. everyone has a chance to participate in protection in the NT this organisation. “Membership will remain free until at least after the first annual forum next year,” “The Board carefully considered all of The Australian Government will manage 70 percent of parents’ income said Dr Arabena. the feedback we received and decided commit more than $34 million to support and family payments. to extend the current timetable to give More information including membership boost measures to protect children The government wants this measure to individuals and organisations more time forms can be downloaded from from neglect and abuse in the be used by child protection workers in to nominate. www.nationalcongress.com.au Northern Territory. cases of child neglect. The Growing them strong, together Report, To support and encourage this measure, released on October 18, reviews and the government, will provide an additional makes recommendations about the child $25 million over four years for new family protection system in the NT. support services in remote communities. Stay in touch The Report by the NT Board of Inquiry This funding is dependent on the NT has found the system is consistently failing children. Government’s increased use of child Name: ______protection income management. While state and territory governments are Address: ______responsible for statutory child protection, Families referred to child protection the Australian Government will continue to income management will now receive ______work with the NT Government to increase additional family support, including home the number of parents on child protection visits and one-on-one parenting advice. ______Postcode: ______income management, provide additional By 2013–14 this funding will support Phone: ______family support services, boost child around 100 additional community-based protection workers in remote communities family support workers in expanded and Email: ______and strengthen alcohol controls. newly funded services. DX no: ______As part of the roll out of the new income This commitment builds on the Australian management scheme in the NT, the Government’s $14.7 million investment No of copies: ______Australian Government has introduced in the NT for early intervention and child protection income management to prevention services, including supported improve parental responsibility. playgroups and programs to develop Is this an alteration to our current records? Yes No parenting skills. Income management is designed to Would you like to be added to the mailing list? Yes No make sure that welfare is spent first $42 million is also being spent on in the interests of children on food, establishing five Children and Family Would you like to be sent regular clothing and housing. Centres at Gunbalanya, Maningrida, information about SANTS? Yes No NT child protection workers now have the Ngukurr, Yuendumu and Palmerston ISSUE 42 authority to instruct Centrelink to income by 2012.

Aboriginal Way, October 2010 7 Statewide Indigenous Cricket Cup The Statewide Cricket carnival the Lord’s Taverners Indigenous Carnival is again being held in November, in metropolitan and regional areas.

A state-team is selected from the Carnival and it goes on to compete in the Imparja Cup in Alice Springs.

The South Australian Cricket Association SOUTH AUSTRALIAN and representatives from Aboriginal NATIVE TITLE SERVICES communities throughout the state coordinate the running of the Lord Taverners Indigenous Carnival.

Level 4 Communities who participate include 345 King William Street Gerard, Kaurna, Murraylands, Port ADELAIDE SA 5000 Augusta, Port Lincoln, Point Pearce, Southern AP and South Australian Sports Training Academy. The carnival will be Editor held in Adelaide on 22–23 November. Above: Marcus McGregor-Cassidy took part in the 2010 Imparja Cup. Photo courtesy SACA. Parry Agius

Journalist Three approaches to native title Lesley Johns 1. Native title claims (applications through mediation to reach agreement 3. Future act agreements and determinations) about native title issues that are claimed. Final decisions over native title claims A native title claim is an application made If an agreement is reached about the can take time. A system was devised to Advertising Enquiries by a person or persons who is claiming claim for native title, the parties can facilitate dealings that would affect native to hold native title. apply to the court for a determination title both during the claim process and of native title. If the court decides to after native title is recognised. This is The process under the Native Title Act make the determination, it is called a called the ‘future act process’. (08) 8110 2800 begins when a native title claim group consent determination. If no agreement is files an application in the Federal Court Native title claimants and those recognised reached, the application may have to be seeking a determination that recognises as native title holders have the right to determined by the court following a trial. Circulation them as native title holders. negotiate about some future acts, such as the grant of a mining lease or proposed 15,000 The application is then referred to the 2. Indigenous land use developments. Claimants only gain this Native Title Registrar of the National agreements (ILUA) right if their native title claim satisfies all Native Title Tribunal who assesses the An ILUA is an agreement between a of the registration test conditions. application against the registration test. native title group and others. The Tribunal administers the process that If the application meets all the requirements ILUAs can cover a wide variety of subjects deals with future acts that attract the right of the test, the applicants gain certain and may be used as part of the negotiations to negotiate under the Commonwealth rights, such as the right to negotiate leading to a consent determination of native legislation – that is, generally, future about mining on the application area. title. Alternatively, they may be entirely acts relating to mining leases and some separate from the determination process. The Registrar of the Tribunal then notifies compulsory acquisitions. the public of the application to give The parties to the agreement apply to people with interests in the claimed area The Tribunal’s role in this process the Registrar of the Tribunal to have the chance to step forward and become includes mediating between the agreement registered. If an ILUA is If you have any stories involved in claim process. They do this by parties, conducting inquiries and entered onto the Register of Indigenous of interest to our readers, applying to the court to become a party making decisions (called ‘ future act Land Use Agreements, it binds all determinations’) where parties can’t please address any to the application. native title holders to the terms of the reach agreements. correspondence to: The application is then usually referred agreement, even those who are not a to the Tribunal for mediation. It brings party to the agreement, so long as it This information was kindly supplied by the the parties together and assists them remains on the Register. National Native Title Tribunal. Aboriginal Way South Australian Native Title Services Level 4 345 King William Street ADELAIDE SA 5000 Ph: 8110 2800 Fax: 8110 2811 FREECALL: 1800 010 360 We know you’ll love what we do apply now to study australian studies or University of South Australia The Editor has the final aboriginal studies at unisa in 2011 decision on all stories and advertising that appear in For more information contact: this publication. The DaviD Unaipon College oF inDigenoUs eDUCaTion & ReseaRCh David Unaipon College of (08) 8302 9194 www.unisa.edu.au/unaipon or [email protected] Indigenous Education and Research

8 Aboriginal Way, October 2010