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Eringa, Eringa No 2, Wangkangurru/Yarluyandi and Irrwanyere Mt Dare Native Title Claim Groups v The State of South Australia [2008] FCA 1370

Category: Agreement
Binomial Name: Federal Court of Australia
Date: 11 September 2008
Location:Witjira National Park, South Australia, Australia
Legal Status: Registered on the National Native Title Register(of native title determinations).
Legal Reference: Federal Court No: SAD66/2005; National Native Tribunal file No: SC05/1
Alternative Names:
  • Irriwanyere Mt Dare Native Title Determination
  • Subject Matter:Land Use | Native Title
    URL: http://www.austlii.edu.au/au/cases/cth/FCA/2008/1370.html
    Summary Information:
    Eringa, Eringa No 2, Wangkangurru/Yarluyandi and Irrwanyere Mt Dare Native Title Claim Groups v The State of South Australia [2008] FCA 1370

    Between:

    Edie King, Ruth McKenzie, Emily Churchill, Howard Doolan, Dean Ah Chee, Marilyn Hull on behalf of the Eringa (and Eringa No 2) Native Title Claim Group

    Linda Crombie, Brenda Shields, Sharon Lucas, Haydyn Bromley, Arthur Ah Chee on behalf of the Wangkarurru/ Yarluyandi Native Title Claim Group

    David Doolan, Valerie Naylon Fuschtei, Christine Lennon, Arthur Ah Chee on behalf of the Irrwanyere Mt Dare Native Title Claim Group

    (APPLICANTS)

    AND

    The State of South Australia and others

    (RESPONDENTS)

    Judge: Justice (Bruce Thomas) Lander

    Where Made: Dalhousie Springs, South Australia

    Determination:

    Native title exists in relation to the entire area of the Witjira National Park. The consent determination confers non-exclusive rights to the native title holders for the use and occupation of the land, consistent with other rights and interests.
    Detailed Information:
    Background Information

    This consent determination finalises four overlapping claims over the Witjira National Park: the Irrwanyere Mt Dare claim, the Wangkangurru/ Yarluyandi claim and two claims on behalf of the Eringa native title claim group. Agreement was reached by the parties through mediation.

    The Park is the subject of two leases. One is a commercial lease on Mt Dare which is used for tourism purposes. The second lease is held by the Irrwanyere Aboriginal Corporation ('the IAC lease') over the majority of the park area for the 'purposes of the use and occupation by Aboriginal people having traditional association with the Park, the enhancement of the cultural and social aspirations of those people and to achieve the management objectives set for the park under the [National Parks and Wildlife Act 1972(SA)]' (at 7).

    The Park has been managed in accordance with a Management Plan adopted under the National Parks and Wildlife Act 1972 (SA) since October 1995. In addition, the Park is subject to an Indigenous Land Use Agreement (ILUA) and a co-management agreement executed by the parties in August 2007.


    Native Title Rights and Interests

    The determination grants the native title holders rights and interests over the determination area, which includes the right to:
  • access the land;
  • live, camp and erect shelters;
  • hunt, fish and use natural resources of the area including food, ochre and timber;
  • distribute, trade or exchange the natural resources of the area;
  • conduct ceremonies and participate in cultural activities;
  • visit, maintain and protect sites of cultural and spiritual importance;
  • make decisions in accordance with traditional laws and customs about the use and enjoyment of the land by Aboriginal People who are governed by the same traditional laws and customs (at 9).

    These rights are non-exclusive, for 'personal, domestic or communal use' (at 10), and co-exist with other rights and interests in the land. Co-existing rights and interest holders include:
  • those contained in the ILUA and the co-management agreement;
  • the IAC lease;
  • the State and Commonwealth governments;
  • the rights of the public in accordance with the National Parks and Wildlife Act;
  • the pastoral lease over Macumba Station and Hamilton Station;
  • Telstra Corporation Limited (at 12).

    Native title rights do not exist in minerals or petroleum, or over areas covered by public works (at 14 and 15).
  • Outcomes:
    According to a National Native Title Tribunal factsheet, mediation for areas adjacent to the park which concern the same applicants 'are expected to continue and further determinations to follow' (NNTT, Backgrounder: Consent Determination for Witjira National Park, 2).

    Related Entries

    Agreement
  • Witjira National Park Indigenous Land Use Agreement (ILUA)
  • Witjira Joint Management Arrangement
  • King on behalf of the Eringa Native Title Claim Group v State of South Australia [2011] FCA 1386
  • King on behalf of the Eringa Native Title Claim Group and the Eringa No 2 Native Title Claim Group v State of South Australia [2011] FCA 1387
  • Irrwanyere Macumba Pastoral Indigenous Land Use Agreement (ILUA)
  • Eringa People - Tieyon Pastoral Indigenous Land Use Agreement (ILUA)
  • Eringa People - Crown Point Pastoral Indigenous Land Use Agreement (ILUA)
  • Eringa People - Eringa/Hamilton Pastoral Indigenous Land Use Agreement (ILUA)
  • Eringa People - Mount Sarah Pastoral Lease Indigenous Land Use Agreement (ILUA)
  • Eringa People - Stevenson Pastoral Indigenous Land Use Agreement (ILUA)
  • Organisation
  • South Australian Native Title Services Limited
  • Irrwanyere Aboriginal Corporation
  • Commonwealth of Australia
  • Telstra Corporation Limited
  • State of South Australia - Respondent
  • Legislation
  • National Parks and Wildlife Act 1972 (SA)
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • People
  • Edie King, Ruth McKenzie, Howard Doolan, Emily Churchill, Dean Ah Chee and Marilyn Hull for and on behalf of the native title claimants in Eringa (SAD6010/98) and Eringa No 2 (SAD6002/99) - Native Title Applicants
  • Linda Crombie, Brenda Shields, Sharon Lucas, Hadyn Bromley and Arthur Ah Chee for and on behalf of the native title claimants in Wangkangurru/Yarluyandi - Native Title Applicants
  • David Doolan, Valerie Naylon Fuschtei, Christine Lennon and Arthur Ah Chee for and on behalf of the native title claimants in Irrwanyere Mt Dare (SAD66/05) - Native Title Applicants
  • Place
  • Witjira National Park

  • References

    Agreement
    Federal Court of Australia (16 September 2008) Eringa, Eringa No 2, Wangkangurru/Yarluyandi and Irrwanyere Mt Dare Native Title Claim Groups v The State of South Australia [2008] FCA 1370 (11 September 2008)
    Media Release
    National Native Title Tribunal (11 September 2008) Native Title Claims Resolved for Witjira National Park
    Newspaper Article
    The Koori Mail (24 September 2008) Title Granted
    Resource
    National Native Title Tribunal (2008) SA - Native Title Determination Summary - Irriwanyere Mt Dare Native Title Determination
    National Native Title Tribunal (11 September 2008) Backgrounder: Consent Determination for the Witjira National Park
    Department for Environment and Heritage (SA) (5 June 2008) Witjira National Park

    Documents

    Map
    Witjira National Park Determination Area - ( Image)

    Glossary

    Consent Determination (Native Title Act 1993 (Cth)) (Australia) | Native Title (Australia) | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia)

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