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Yandruwandha Yawarrawarrka People Recognised As the Native

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Aboriginal Way Issue 61, Summer 2016 A publication of South Australian Native Title Services Yandruwandha Yawarrawarrka Consent Determination Yandruwandha Yawarrawarrka People recognised as the native title holders of their traditional lands The Federal Court determined The bush hearing, presided by Justice fish, hunt, collect natural resources Ms Bottrell believes that the the Yandruwandha Yawarrawarrka Mansfield, was attended by several and maintain cultural practices. determination will assist the various People’s long standing native hundred claimants and guests, including interests in the land to work together. Theresa Bottrell, Yawarrawarrka title claim at a special Federal the South Australian Minister for Elder, and one of the named applicants “Well it means that we can grow Court hearing on country on Aboriginal Affairs Kyam Maher. relationship and hopefully for the better. to the claim said that she felt over- 16 December 2015. It’s been very hard to grow relationship The determination takes into account whelmed and excited following the before with the pastoralists and the The claim was settled over an area various interests in the area, including Federal Court determination. mining companies, but now, we’ve been of approximately 40,000 square conservation, pastoral and oil and gas “To my family it means a lot, it just starting to see the way and there’s been kilometres, stretching across seven activities. It also includes areas of national means that we have been recognised some good outcomes with that area and pastoral leases in South Australia’s significance to Australia’s colonial history, we’re hoping we’ll continue to build that within the area, although we always far-north east to the Queensland border including sites relevant to the ill-fated relationship,” she said. knew we had connection with this and acknowledges the Yandruwandha Burke and Wills expedition in the 1860s. country, we just had to be recognised Ms Bottrell acknowledged that the Yawarrawarrka People as the native The native title determination will protect by the white man’s laws so to speak. native title process had been a difficult title holders of their traditional lands. the Yandruwandha Yawarrawarrka We are very grateful and honoured one for many in the Yandruwandha Yawarrawarrka community. The Court met at Cullyamurra Waterhole, People’s rights and cultural heritage and my family here today are for sure,” 15 kilometres from Innamincka. interests, including rights to camp, she said. Continued on page 3 Inside: International victims of nuclear recognise history of SA Aboriginal people 5 Stolen Generations to receive compensation 6 New Aboriginal Commissioners for SA 8 Looking back on 2015 and getting ready for the year ahead Corporates (PBCs) representatives to Below: SANTS Annual Report 2014/2015. consider the terms of reference and make a submission. I had the opportunity to meet with staff of the Royal Commission and provide evidence to the Commissioner on Aboriginal engagement. To that end, SANTS provides PBCs assistance to meet their obligations under the Native Title Act and the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI Act) and to build capacity to manage their native title rights and interests on their terms. many positive changes The SANTS Board continues to provide since her appointment in 2009. Sincere I will also take strong leadership and governance to thanks also to Mr Arthur Ah Chee whose this opportunity to pay my respect for SANTS. A warm welcome to our two new knowledge of claimant groups and native the passing of some Aboriginal leaders It has been a busy time for South Board members Mr Damien Coulthard title issues has made a significant contri- who contributed a great deal to the native Australian Native Title Services and Ms Lavene Ngatokorua. Both come bution to the Board during his tenure. title process and for the hard work of various (SANTS), a time in which we can with extensive experience working with I also wish to thank and commend my Aboriginal groups in South Australia in look back on our achievements Aboriginal communities. Congratulations staff for their dedication and commitment addressing the myriad of issues that with great pride and get ready to April Lawrie-Smith, the new Chair of in striving to achieve the best outcomes arise in obtaining and managing your for another great year. SANTS. I look forward to working with for our clients. The outstanding results native title rights and interests. her in 2016. Early in 2015, the State Government for the Yandruwandha Yawarrawarrka On behalf of the SANTS Board and staff, established the Royal Commission into A huge thanks to our outgoing Chair, Native Title Claim and more of the we thanks are readers for their support the Nuclear Fuel Cycle, a matter of Mrs Lucy Evans, for her outstanding Adnyamathanha claim area. The judgement and contributions and we look forward great importance to the future of South contribution to SANTS and to the Board. in the Barngarla matter, only the second to continuing our work to achieve the Australia. SANTS has made submissions Lucy’s input and dedication to the litigated native title application in South best possible outcomes for our clients. on the terms of reference and has also advancement of native title issues has Australia, was an outstanding result for facilitated meetings of Prescribed Body been invaluable and SANTS has seen the Barngarla people in June 2015. Keith Thomas, SANTS CEO Win-win for Malyankapa and Adnyamathanha in latest determination Thanks to an agreement between Malyankapa people, but I think also one “The great significance for me today is Adnyamathanha and Malyankapa of the other key outcomes today [is] that they are willing to share country with people, native title over the area Yappala being perpetual and freehold us. And when they first met us, they said east of Lake Frome has been land, [the] recognition given to traditional they’ve got two words for you know, you determined by the Federal Court. rights and native title rights over those don’t belong here, or you do. And they lands,” he said. said as soon as we seen you we said In the Federal Court on 8 December “mulu” and that means we belong here. 2015, Justice Mansfield handed down Malyankapa sisters, Jennifer Bates As soon as they met us, we never even a Consent Determination for the area, and Alma Bates-Hannah travelled to spoke, but as soon as they seen us, Adelaide to witness the Federal Court saying that it was possible due to the they felt that connection straight away. Hearing. They explained how the two wisdom of the two groups to negotiate a It’s the spirit connection, so that’s why “The Andyamathana Traditional Lands groups worked together to come to good outcome for shared use of the land. I felt so good today.” Association put in a bid to try to get an agreement over the shared land. recognition of Native Title over Yappala, At the same time, Justice Mansfield Alwyn McKenzie, applicant for the “We met the Adnyamathanha mob in it, we thought we had a chance but we delivered a Consent Determination for the Determination affecting Yappala, thanked the meeting, someone suggested the knew we were up against it technically Adnyamathanha people over the area the court and other stakeholders involved women sit and talk on their own, and the too, because parts of the property covering Yappala Station, north of Hawker. in the agreement, including the state and men sit and talk on their own, and that were perpetual leases but when they pastoralists in the area. Both rulings form a part of a larger claim, worked, then we come back together got converted to freehold titles and which saw the Adnyamathanha people again, because with that private talk with Following the decision he explained the that paved an opening for native title to being recognised as traditional owners Malyankapa and Adnyamathanha women process the Adnyamathanha people had be revived and it worked in our favour. of their country in 2009. and men separate like that, then men been through to come to this day. All the stars just aligned,” he said. After the hearing, Vince Coulthard, Chief understood each other and the women Executive Officer of the Adnyamathanha understood, and then we come back Traditional Lands Association said not together and agreed that they accepted only is the agreement positive for both us as family from this country and that’s what’s happened today, why it went through groups, the recognition of freehold land the court today,” said Jennifer Bates. over Yappala is a significant outcome. “Yes, yes, it’s a win-win – it’s everyone’s “Today’s another step towards achieving happy with the outcome, otherwise it our full native title rights back to our could have lingered on,” she said. country, it’s really really good to have a determination passed in recognition Ms Bates explained how the two groups of both the traditional owners as well had gone different ways, but that as the other people, our neighbours the connection still existed between Top (L–R): Mikchael Anderson, Terence Coulthard, Vince Coulthard, Roger Anderson, Mick McKenzie, Pauline Coulthard, Gladys McKenzie, Judy Johnson; Above left (L–R): Jenny Bates, Andrew Beckworth (SANTS), having some rights to the land, like the Malyankapa and Adnyamathanha. Alma Bates-Hannah; Above right (L–R): Alma Bates-Hannah, Jenny Bates. 2 Aboriginal Way, Summer 2016 Yandruwandha Yawarrawarrka People recognised as the native title holders of their traditional lands Continued from page 1 “It was very difficult yes, very difficult process, we had to see people sit and give their knowledge and their history of their family members that were lost and gone 60–100 years ago, it was very difficult for them to bring up their life history of what they lived out here and how they lived it, but at the end of the day, it’s all done for the best reason, so that’s good,” she said.
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