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Lennon on behalf of the Antakirinja Matu-Yankunytjatjara Native Title Claim Group v The State of South Australia  FCA 474
|Date:||11 May 2011|
|Sub Category:||Consent Determination (Native Title Act)|
|Location:||Coober Pedy Area, South Australia, Australia|
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|The determination area is approximately 76,000 square kilometres and is located in Central South Australia. The area extends north to east from Mt Willoughby and Mt Arckaringa to the Trans Australian Railway, and extends west to east from Talleringa Conservation Park to Millers Creek.|
|Legal Status:||Registered on the National Native Title Register|
|Legal Reference:||Federal Court No: SAD6007/1998; National Native Title Tribunal No: SC95/7|
|Subject Matter:||Access | Cultural Heritage | Customary Law | Fishing | Land Use | Native Title | Pastoral Activities | Recognition of Native Title or Traditional Ownership|
|Between: William Herbert Lennon Snr, Ian Crombie, David Brown and Jean Wood on behalf of the Antakirinja Matu-Yankunytjatjara Native Title Claim Group(APPLICANT) and|
The State of South Australia and Others (RESPONDENTS)
Judge: Mansfield J
Where made: Adelaide
Native title exists in parts of the determination area. It consists of non-exclusive native title rights and interests.
Native title is held by those persons with a spiritual coneection to the determination area due to it being their country of birth, or due to a long term association or affiliation with the land. Those persons must be recognised pursuant to traditional laws and customs by the native title claim group.
Non-exclusive native title rights and interests that exist over land and water in the determination area include:
- rights of access (including the right to live, camp and erect shelters in the determination area;
- hunting and fishing rights;
- the right to gather and use the natural resources (such as food, medicinal plants, wild tobacco, timber, resin, ochre and feathers);
- the right to share and exchange traditional resources;
- the right to use the natural water;
- the right to cook and to light fires for domestic purposes;
- the right to engage in cultural activities;
- the right to conduct ceremonies and hold meetings;
- the right to teach the physical and spiritual attributes of locations and sites;
- the right to protect sites of cultural significance;
- the right to be accompanied on to the Determination Area by spouses, people required by traditional law or people with rights under the traditional law; and
- the right to speak for country and make decisions about the use of the Determination Area by Aboriginal persons.
These rights do not allow for commercial use of the determination area.
Native title does not exist over
- minerals, petroleum, regulated substances under the Petroleum And Geothermal Energy Act 2000 (SA) or geothermal energy;
- any building, airstrip or stock watering point constructed under one of a number of pastoral leases recognised in the determination:
- public works constructed or commenced before 23 December 1996: or
- areas listed within schedule 3 of the decision.
Non-native title rights and interests that exist within the determination area include:
- the rights of the State of South Australia
- interests validly granted by the State of South Australia or the Commonwealth
- various mining interests
- rights under a prescribed set of Indigenous Land Use Agreements (ILUAs)
- various rights of Telstra Corporation
- the Commwealth's rights in the Woomera Prohibited area
- various rights of a number of companies that own and are responsible for electricity infrastructure
Where native title rights and non-native title rights are inconsistent, native title rights will not be extinguished but will have no effect on the exercise of non-native title rights.
The Antakirinja Matu-Yankunytjatajara Aboriginal Corporation is the prescribed body corporate nominated to perform the functions prescribed under the Native Title Act 1993 (Cth)
This is the first native title settlement in South Australia which the Commonwealth Government has been a party to.
The determination concerns an application first lodged by the Antakirinja Matu-Yankunytjatjara Native Title Claim Group on 14 November 1995 (Federal Court File No: 6007/1998). It was amended in 2009 to slightly reduce its eastern boundary to avoid an overlapping claim with the Arabunna People.
The Court was satisfied that it was appropriate to recognise the consent determination reached by the parties. To that end, the Court was satisfied of the following:
- that the contemporary Antakirinja Matu-Yankunytjatjara society was directly linked to the native title holders at sovereignty (1788);
- a number of the claimants were still engaged in and affected by their traditions and that those traditions established a connection to country;
- that there has been a continued connection between the claim group and the claim area pursuant to their traditional laws and customs;
- that the non-exclusive rights provided for in the consent determination reflected the practices of the Antakirinja Matu-Yankunytjatjara People.
The parties have entered into a number of ancillary pastoral ILUAs that outline the ongoing relationship between pastoralists and the native title holders. It is expected that a number of these ILUAs will provide for the surrender of native title rights. It is also expected that the parties will also sign an ILUA regarding the Breakaways Reserve, which has cultural significance to the native title holders.
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