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Dieri No. 2 Native Title Claim and State of South Australia [2014] FCA 125

Category: Agreement
Binomial Name: Federal Court of Australia
Date: 26 February 2014
Sub Category:Consent Determination (Native Title Act)
Location:Surrounds of the Kati Thanda-Lake Eyre National Park, South Australia, Australia
Legal Status: Registered on the National Native Title Register of native title determinations.
Legal Reference: Tribunal file no. SCD2012/001 Federal Court file no(s) SAD6017/1998
Subject Matter:Land Use | Native Title | Pastoral Activities
URL: http://www.austlii.edu.au/au/cases/cth/FCA/2014/125.html
Summary Information:
Dieri No. 2 Native Title Claim and State of South Australia [2014] FCA 125

Between:
Edward Lander and other named in the schedule of parties (APPLICANT)
AND:

State of South Australia and others named in the schedule of parties (RESPONDENT)

Judge: White J

Where made: Port Augusta

Determination:

Native title exists in part of the determination area. It consists of non-exclusive native title rights.

Native title is held by living Aboriginal persons who identify as Dieri and those who are recognised by other Native Title Holders under the relevant Dieri traditional laws and customs as having maintained an affiliation with, and continuing to hold native title rights and interests in the Determination Area.

The non-exclusive native title rights over part of the determination area consist of:
- The right to access and move about the Determination Area;
- The right to live, camp, cook and erect shelters on the Determination Area;
- The right to hunt, fish, gather, distribute, trade and use the natural resources on the Determination Area for personal, domestic and non-commercial use;
- The right to conduct ceremonies, meetings, cultural activities and teach on the Determination Area;
- The right to carry out and maintain burials of deceased native title holders in the Determination Area;
- The right to visit, maintain and preserve sites and places of cultural or spiritual significance to Native Title Holders within the Determination Area; and
- The right to speak for and make decisions in relation to the use and enjoyment of the Determination Area.

Non-native title rights and interests that exist within the determination area
- The rights and interests within the Determination Area created by the pastoral leases described in Schedule 4;
- The rights and interests of the Crown of the State of South Australia;
- The rights and interests to whom validated rights and interests have been granted or recognised by the Crown pursuant to statute or otherwise in the exercise of executive power;
- The rights and interests pursuant to pastoral leases within the Determination Area;
- The rights or interests held through the force and operation of the laws of the State or of the Commonwealth;
- The rights and interests of Victoria Oil Exploration (1977) Pty Ltd;
- The rights and interests of Stuart Petroleum Pty Ltd;
- The rights and interests of Stuart Petroleum Cooper Basin Oil Pty Ltd;
- The rights and interests of Impress (Cooper Basin) Pty Ltd and Springfield Oil and Gas Limited;
- The rights and interests of Cooper Energy Ltd;
- The rights and interests of BHP Billiton Olympic Dam Corporation Pty Ltd; and
- The rights and interests of Telstra Corporation Ltd as the operator of telecommunications facilities within the Determination Area.

In the case of conflict, the exercise of non-native title rights and interests will prevail over the non-exclusive native title.

Provisions Relevant to the Native Title Rights

Native title does not exist over:
- Minerals or petroleum.

Dieri Aboriginal Corporation, as the prescribed body corporate, is to perform functions required under the Native Title Act 1993 (Cth) and to act as agent for the native title holders. The native title is not held on trust for the native title holders.
Detailed Information:
Background
The Dieri people sought a determination of native title over various lands in the North-Eastern corner of South Australia which includes parts of Lake Eyre and Kati Thanda-Lake Eyre National Park. The Federal Court of Australia granted the Dieri people non-exclusive native title rights to possession, occupation, use and enjoyment over some of the Determination Area. This is the second determination of native title for the Dieri people with their first determination of native title decided in 2012 in Lander v South Australia [2012] FCA 427.

Details of the judgement
Through mediation, agreement has been reached as to the terms of a determination of native title rights and interests held by the Dieri people in relation to the land and waters covered by the Dieri Application. The signed agreement was then filed in the Federal Court pursuant to s 87 of the Native Title Act 1993 (Cth). The court was satisfied that a determination of native title was within the power of the court.

Related Entries

Agreement
  • Lander v State of South Australia [2012] FCA 427
  • Organisation
  • National Native Title Tribunal
  • State of South Australia
  • Dieri Aboriginal Corporation
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • People
  • Edward Lander on behalf of the Dieri People

  • Documents

    Document
    Dieri People - ( PDF | PDF | PDF | PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | State Government | Right To Negotiate (Native Title Act 1993 (Cth)) (Australia) | Consent Determination (Native Title Act 1993 (Cth)) (Australia) | Legislation | National Native Title Tribunal (NNTT) (Australia) | National Park | Native Title (Australia) | Native Title Determination (Australia) | Native Title Registers | Native Title Applicants

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