Aboriginal Way Issue: 43, Dec. 2010 A publication of South Australian Native Title Services Merry Christmas The spirit of Christmas is alive and well in South Australia, none more so than at Kura Yerlo Children’s Centre at Largs Bay. Students from Kura Yerlo Children’s Centre at Largs Bay are looking forward to Christmas holidays. Aboriginal Way visited the centre soon after the children had decorated their Christmas tree. Many thanks to the centre and children for sharing their Christmas spirit with us. The centre offers friendly, professional childcare for children from six months to five years. They can be contacted on 8449 7367. More on back page. Courto t decide fate of Lake Torrens sacred sites An Adelaide court will decide the with any aboriginal sites, objects or The case is part heard, with six ERD Court or National Native Title fate of the sacred sites at Lake remains located within the vicinity of people called by claim group members Tribunal has said no to mineral Torrens and Andamooka Island. Lake Torrens and Andamooka Island. having given evidence against the exploration on native title land. proposed drilling. The case was taken to court by the The case seeks authorisation from the The case, if lost, may set a worrying explorer Straits Exploration (Australia) Environment, Resources and Development Much of the evidence has been heard precedent for mining companies Pty Ltd. Court for Straits Exploration (Australia) in closed court, as it involved gender who wish to drill on sacred sites, Pty Ltd to commence a drill program on restricted and highly sacred men’s particularly large iconic salt lakes The move followed a decision by the Lake Torrens and Andamooka Island. stories and information. which are National Parks, such as Aboriginal Affairs and Reconciliation Lake Gairdner and Lake Eyre. Minister Grace Portolesi, to authorise Native title claim group Kokatha Uwankara If the case is successfully defended, damage, disturbance or interference is heavily defending the court action. it will be the first time ever that the The case continues in early 2011. Inside: Protecting rock holes in the Gawler Ranges 5 First National Congress meeting: June 2011 7 Desert Country: Aboriginal artists in major exhibition 8 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 Coober Pedy area Title Tribunal. In mediation: Federal Court/ Kaurna National Native Title Tribunal. Fleurieu Peninsula north to Port Broughton. In mediation: Arabunna National Native Title Tribunal. Central SA including Lake Eyre In mediation: Federal Court/ Kokatha Uwankara National Native Title Tribunal. Lake Torrens Region. Not in mediation. Barngarla Nauo Eyre Peninsula Eyre Peninsula. Not in mediation. In mediation: Federal Court. Ngadjuri Southern Flinders Ranges in Dieri Mid North SA. In mediation: Central SA east of Lake Eyre National Native Title Tribunal. In mediation: Federal Court. Above: SANTS CEO, Mr Parry Agius. Ngarrindjeri Dieri 2 River Murray, Lakes and It has been a very productive and With the vision, drive and determination Eastern SA north of Lake Frome Coorong Region. In mediation: fulfilling year for native title. In expressed in practical application of In mediation: National Native National Native Title Tribunal. this, our second year of operation, native title, the South Australian Aboriginal Title Tribunal. we have continued to consolidate community is growing at a tremendous Nukunu the company as a native title rate. This action is setting the pace and Eringa Spencer Gulf Region service provider with a continued creating positive examples of success, Far north SA including portion In mediation: Federal Court. focus on good governance, good from creating and owing businesses, to Witjira National Park Ramindjeri management and the delivery of employment to traineeships, to people Area over Witjira National Park Southern Fleurieu Peninsula professional native title services. at universities on scholarships. settled through approved and Kangaroo Island determination (September 2008) Our board held its Annual Meeting in Today, not everything is doom and In mediation: National Native In mediation: Federal Court/ November and elected a new chair, Lucy gloom. What we have is Aboriginal Title Tribunal. Evans. I look forward to working with Lucy people building their nations and building National Native Title Tribunal. Wangkangurru/Yarluyandi and the board during their term in office. their assets through wealth creation. Lucy replaces Tauto Sansbury who was Eringa 2 Simpson Desert Region and our inaugural chairperson. His experience Constitutional recognition Far north SA including portion extending into QLD Witjira National Park In mediation: Federal Court/ and expertise is not lost, as he remains Change is good. It makes people step Area over Witjira National Park National Native Title Tribunal. on the board. out of their comfort zones and think settled through approved about their future direction. Constitutional Wirangu 2 When SANTS first came about, determination (September 2008) recognition of Aboriginal and Torres Strait Eyre Peninsula and West Coast we developed a mission statement In mediation: Federal Court/ Islander peoples is long overdue. In mediation: National Native which says: National Native Title Tribunal. Title Tribunal. Provide to the Aboriginal community The Prime Minister says Constitutional Eringa 3 leadership and their decision-making recognition is an important step towards Yandruwandha/Yawarrawarrka Far north SA processes, expert services to solve building a nation based on strong Innamincka area. Not in mediation. Not in mediation. complex legal and social issues and relationships and mutual respect. This information was accurate at December build the socio-economic capacity 2, 2010. Information provided by the National A referendum about the issue will Far West Coast Native Title Tribunal – visit www.nntt.gov.au of the Aboriginal Community. hopefully see some change; positive Far West Coast SA for more about native title. For information on claim activity (other than mediation) contact I believe we fulfil our mission, our staff change that recognises the rightful In mediation: Federal Court. South Australian Native Title Services. work long hours and are dedicated and place Aboriginal and Torres Strait committed to South Australia’s Aboriginal Islander peoples have in this great peoples. I thank them for their work and country of ours. commitment and say to them that the Seasons greetings work we do really is making a difference First Indigenous to peoples’ lives. Thankyou to the wonderful students and staff from Kura Yerlo for allowing us Providing jobs, looking after country, to be a part of their Christmas activities. political party changing other peoples’ perception of native title, reminding people that On behalf of the board and staff of A new political party, the First The party has been established by former traditional owners do have legitimate South Australian Native Title Services National Political Party, has applied Labor party member and Indigenous and lawful rights and interests and I wish you and your families a happy and for registration with the Australian rights campaigner, Maurie Ryan. safe Christmas and New Year and we Electoral Commission. asserting those rights – this is the work Objections to the party need to be lodged we do. It is important and valuable to look forward to being of further service If successful it will be the first by January 4. The AEC is expected to Aboriginal people. to you in 2011. Indigenous political party representing officially register the party sometime in Indigenous people. early 2011. 2 Aboriginal Way, December 2010 The Right to Negotiate The right to negotiate is a procedure a registered native title body corporate procedural rights such as the right If the right to negotiate applies, the under the Native Title Act 1993 that for that area. to be notified, to comment or to be government, the developer and the is followed to make sure that some consulted, to object and to be heard by registered native title parties must The registered native title claimant or of the things that can affect native an independent umpire. negotiate ‘in good faith’ at least about the registered native title body corporate title (called future acts) can be the effect of the proposed development is the native title party that has the right The right to negotiate is triggered when a validly done. on the claimants’ registered native to negotiate. government issues a ‘section 29 notice’ that states the government intends to title rights and interests with a view to The types of future act the process If a claimant application does not satisfy do a future act that is subject to that obtaining the agreement of the native applies to are the grant of exploration all of the registration test conditions, the procedure. Notice is required by section title parties to the future act being done. licences, mining leases and some claim may continue in the Federal Court. compulsory acquisitions. 29 of the Native Title Act 1993, which The parties can ask the National Native sets out what must be done where native Title Tribunal to mediate during the These future acts require negotiations title will be affected by the future act. “The right to negotiate negotiations. If agreement cant be between native title parties, the The notice is given by placing an reached, then one or more of the parties government and the proponent. is not a right to stop advertisement in major newspapers. It can ask the Tribunal (no soon than six Grants of other mining tenements, or veto projects from must also be given directly to any native months after the notification date) to may not attract the right to negotiate.