Aboriginalboriginal Way www.nativetitlesa.org Issue 81, Summer 2020/2021 A publication of South Australian Native Title Services South Australian Native Title Services (SANTS) is concerned that the rights and interests of Aboriginal people have been ignored in the newly drafted Pastoral Lands Bill. Read full article on page 2. Drilling on Lake Torrens – South Australia’s version of the Juukan Gorge tragedy? Drilling on Lake Torrens will go ahead SANTS is also concerned that the “Kelaray have little or no regard for Premier and Minister for Aboriginal Affairs by minerals exploration company Minister for Energy and Mining, the Aboriginal culture through their continued and Reconciliation Steven Marshall said Kelaray, a subsidiary of Argonaut Hon. Dan van Holst Pellekaan awarded efforts to drill on Lake Torrens. The antiquity that the decision was made to approve Resources early this year, after Argonaut resources $320,000 for of Aboriginal culture is a fact, and the drilling after extensive consultation with approval was granted by the exploration drilling in the Murdie integrity of the sites and stories associated Aboriginal people and organisations. Premier Steven Marshall. Project on Lake Torrens in June with Lake Torrens is unquestionable,” said 2020, some six months before South Australian Native Title Services However there is a question mark over Authorisation was announced during the the Section 23 authorisation was (SANTS) CEO, Keith Thomas. what the Government calls “extensive week between Christmas and New Year’s given by the Premier. consultation”. Aboriginal groups SANTS Eve giving Kelaray permission pursuant “The land adjacent to the lake in the area has contacted have advised that they to Section 23 of the Aboriginal Heritage Lake Torrens is recorded on the South to be drilled is a rich cultural landscape. put in submissions in response to the Act to “damage, disturb or interfere” with Australian Government’s Register of There’s a cave there, a water spring, rock Section 23 notice, but that there had sites, objects and remains in the Murdie Aboriginal Sites and Objects as a site etchings and work areas where Aboriginal been no consultation. Project, which is targeting iron oxide of significance according to Aboriginal people have sat in the past to make copper-gold in its explorations. tradition and anthropology. scrapers and cutting blades.” Continued on page 2 Inside: Survival Day 2021 on Kaurna land 4 Anthropology and native title 7 South Road sculptures 9 Remnants of Aboriginal history preserved 14 Rights of native title holders not met in draft Pastoral Lands Bill South Australian Native Title Services recognised native title rights and interests to best protect native title rights and justification to move to a 100 year lease (SANTS) is concerned that the rights to enable shared decision making in a interests,” said Mr Thomas. is not clearly apparent, with investment and interests of Aboriginal people, transparent and honest way,” said CEO decisions and horizons generally falling “Opportunities for Aboriginal groups to particularly native title holders, have of SANTS, Keith Thomas. in the 10–30 year timeframe. undertake economic development and been largely ignored in the newly “The majority of native title held in enterprise on pastoral lands need to be The consultation summary report shows drafted Pastoral Lands Bill 2020. South Australia is on pastoral leases, encouraged for the lands to be more that this was hardly a called for decision The Pastoral Land Management and but the rights and interests of native title fully used. This again would provide a either, with only 52% of pastoralists Conservation Act 1989 (Pastoral Act) holders don’t seem to be considered in framework that enables collaboration and 33% of the public answering that has been under major review since mid- the proposed reforms to the Act at all. and partnerships and active, prosperous no, 42 year leases are not appropriate last year to modernise the Act and A modern Pastoral Lands Bill should be co-existence across native title and and different lease lengths should be realise the full potential of these lands. inclusive of native title.” pastoral lands.” considered. From that percentage, one pastoralist thought the length should be “The new draft Bill continues to The draft Bill supports the diversification The Bill also proposes to change the shorter and just nine suggesting various acknowledge the importance of this region of land use for pastoralists and includes maximum term of a lease from the timeframes ranging from between 50 to Aboriginal culture and communities provisions to clarify and support current 42 years to up to 100 years. and 99 years. Public responses suggested and all rights of Aboriginal persons in processes which enable non-pastoral The justification put forward for this lease periods of anywhere between 5 the previous Act have been maintained,” uses to be approved by the Pastoral is to provide greater certainty and and 99 years but more tended to favour said Minister for Primary Industries and Board. There is, however, no indication allow long-term investment decisions. of how such land use may impact on shorter periods. SANTS therefore wonders Regional Development, David Basham. SANTS has concerns with this proposal, native title and Aboriginal heritage, why such a jump is necessary? with leases of 100 years changing the But SANTS is calling for the legislative nor any requirement for the Board nature of a lease to become multi- SANTS is the native title service provider framework and its administration to to consider Aboriginal interests. generational and more akin to perpetual for South Australia, providing services promote open and transparent co- “It should not be assumed that ‘other’ leases or even freehold (to some extent). to native title claimants and holders to existence between lessee rights and activities on pastoral land have no impact To our knowledge, a 100 year lease would recognise and protect native title rights Aboriginal native title rights and interests. on native title. At the very least there must be double the length of term available in and interests, and therefore feels a “In our view the draft Pastoral Lands Bill be engagement with native title holders other jurisdictions with Western Australia responsibility to speak for the interests needs to be amended to be inclusive of to inform and discuss proposals so as having a maximum 50 year lease. The of those we represent. Lake Torrens – South Australia’s Juukan Gorge Continued from page 1 Aboriginal groups the Kokatha, the “We’ll do whatever it takes to reverse this into consideration by the Premier and SA Adnyamathanha, the Kuyani and the decision on behalf of the community.” Government. The fallout from the Juukan “The exploration program will not Barngarla people have contested for Gorge tragedy continues nearly a year permanently impact the anthropological The Premier has added a condition later, but as always, money speaks louder and cultural heritage of Lake Torrens,” native title over the lake unsuccessfully that mining activities cease in the event than protection for the oldest living culture said the Premier’s office in a statement. to date, so there is no existing claim that new finds of remains or artefacts on earth. Shame on Kelaray and shame on over the waters. Native title exists are made that are suspected to be of SANTS now understands from the the State Government for this wanton on either side however, with the archaeological or cultural significance. public comments made by the Chair destruction of an Aboriginal sacred site.” Kokatha people to the west and the of the Aboriginal Heritage Committee “It’s disturbing that such a decision Adnyamathanha people to the east. Mr Mark Koolmatrie, that his Committee can be made to damage a recorded recommended strongly against the “We are deeply disturbed at how the Aboriginal cultural site by focusing only exploration approval. Premier has arrived at the decision on its physical aspects and completely to approve drilling, despite so much neglecting its spiritual significance Andrew Starkey, a Kokatha senior law (the Tjukurpa),” said Mr Thomas. opposition,” said Kokatha Aboriginal man and Lake Torrens site card holder said, “We were one of 22 submissions Corporation’s Heritage Services “It is disappointing that real concerns put in and it sounds as though all of those Manager Glen Wingfield. from Aboriginal groups were not taken opposed it, but we were not consulted at all, despite the Aboriginal Heritage Act mandating that people with connection to the land should be.” “You can also still see evidence of early drilling from the 1970s on the lake, so it will permanently impact it not just culturally, but also environmentally. Just because they got Government approval doesn’t make it right, just look at what happened at Juukan Gorge. All our great lakes are being targeted by mining companies here in SA. “To limit damage, the Premier expects Kelaray to adhere to its Cultural Heritage Management Plan, which apparently has consultation built in before, during and after the project. The only problem is Kelaray have not given us a copy of that plan. We are still waiting for them to contact us. Our hope is that the Premier will sort this out.” Lake Torrens from above. Image courtesy of Tony Magor, National Parks and Wildlife Service South Australia. 2 Aboriginal Way, Summer 2020/2021 Carbon Farming: an opportunity for pastoralists and Aboriginal groups to work together There has been a growing interest What is carbon farming? amongst pastoral managers in the Carbon farming is a set farming practices opportunities presented by carbon that essentially alter agricultural or farming, including through the land management practices to reduce Emissions Reduction Fund/Climate greenhouse gas emissions from Solutions Fund. This presents a range livestock, soil or vegetation (known of issues for native title groups and is as avoidance), or by storing additional a specific type of non-pastoral land carbon in vegetation and soils (known use which has separate regulatory as sequestration).