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Yankunytjatjara/Antakirinja Native Title Claim Group v The State of South Australia [2006] FCA 1142 (28 August 2006)

Category: Agreement
Binomial Name: Federal Court of Australia
Date: 28 August 2006
Sub Category:Consent Determination (Native Title Act)
Location:South Australia, Australia
The claim covers approximately 18, 665 square kilometres of land and waters in the north-west of South Australia, approximately 850 kilometres north-west of Adelaide and about 80 kilometres south of the Northern Territory border.
Legal Status: Registered on the National Native Title Register o
Legal Reference: National Native Title Tribunal File No: SC97/9 Fed
Alternative Names:
  • Yankunytjatjara/Antakirinja
  • Subject Matter:Native Title
    URL: http://www.austlii.edu.au/au/cases/cth/federal_ct/2006/1142.html
    Summary Information:
    Yankunytjatjara/Antakirinja Native Title Claim Group v The State of South Australia [2006] FCA 1142 (28 August 2006)

    Between: Jean Wood, Sadie Singer, Lallie Lennon and Johnny Cullinan on Behalf of the Yankunytjatjara/Antakirinja Native Title Claim Group (APPLICANTS)
    AND
    The State of South Australia, Aboriginal Legal Rights Movement INC, Bakiss Pty Ltd D J & C F Sampson & Sons Pty Ltd, Engorra Pty Ltd, Evelyn Downs Pastoral Co Ltd, Alan William Fennell, Kerri-Ann Fennel, Andrew Trevor Clark, Digby Giles, Bernadette Elizabeth Giles, Douglas Lillecrapp, Gordon Keith Lillecrapp, Mary Lizbeth Lillecrapp, Clayton Campbell Hannigan, Airservices Australia, Marla and Districts Progress Association Incorporated, South Australian Apiarists Association Incorporated (RESPONDENTS)

    Judge: Mansfield J
    Where Made: Marla

    Native title was found to exist in parts of the determination area.

    This determination by consent was made in respect of a native title claim lodged with the tribunal on 21 November 1997. It is the first native title consent determination in South Australia. The applicants, comprising 19 families representing approximately 1300 individuals, are members of the 'Western Desert Social and Cultural Bloc', predominantly consisting of Yankunytjatjara people (per Mansfield J at para 2).

    The determination area covers approximately 18, 665 sq km (NNTT) in the north-west of South Australia that lies adjacent to Anangu Pitjantjatjara Freehold Lands.

    The Yankunytjatjara/Antakirinja sought and have been granted legal recognition of non-exclusive rights to use and enjoy the land and waters, as well as the right to access and maintain places of significance under traditional law. The township of Marla was excluded from the determination and that area is the subject of ongoing negotiations between the parties. Native title was said not to exist in various areas including the Oodnadatta Satellite Ground Station Site operated by Airservices Australia and public roads and railway corridors passing through the determination area.

    Negotiations for Indigenous Land Use Agreements (ILUAs) were ongoing for four years preceding the determination. Five ILUAs concerning pastoral access have been agreed as part of the consent determination.

    The Yankunytjatjara/Antakirinja Native Title Claim Group have elected the Yankunytjatjara Native Title Aboriginal Corporation as the Prescribed Body Corporate to hold the native title rights and interests.

    Related Entries

    Agreement
  • Marla Township Indigenous Land Use Agreement (ILUA)
  • Eringa People - Tieyon Pastoral Indigenous Land Use Agreement (ILUA)
  • Organisation
  • AirServices Australia - Respondent
  • State of South Australia - Respondent
  • National Native Title Tribunal
  • Aboriginal Legal Rights Movement Inc - Respondent
  • Bakiss Pty Ltd - Respondent
  • DJ & CF Sampson & Sons Pty Ltd - Respondent
  • Engorra Pty Ltd - Respondent
  • Evelyn Downs Pastoral Co Ltd - Respondent
  • Marla and Districts Progress Association - Respondent
  • South Australian Apiarists Association - Respondent
  • Yankunytjatjara Native Title Aboriginal Corporation
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • People
  • Antakirinja People
  • Yankunytjatjara People
  • Jean Wood and others on behalf of the Yankunytjatjara/Antakirinja Native Title Claim Group - Native Title Claimant
  • Gordon Keith Lillecrapp and others - Respondent
  • Alan William Fennell - Respondent
  • Kerri-Ann Fennell - Respondent
  • Andrew Trevor Clarke - Respondent
  • Digby Giles - Respondent
  • Bernadette Elizabeth Giles - Respondent
  • Clayton Campbell Hannigan - Respondent
  • Jean Wood, Lallie Lennon and Sadie Singer - Native Title Claimant

  • References

    General Reference
    National Native Title Tribunal (28 August 2006) Native Title Determination Summary - Yankunytjatjara/Antakirinja
    Australian Institute of Aboriginal and Torres Strait Islander Studies (July/August 2006) Native Title Newsletter: South Australia's First Consent Determination
    Publication
    National Native Title Tribunal (20 March 2008) Yankunytjatjara/Antakarinja Native Title Determination - Background Information

    Glossary

    Native Title (Australia) | Consent Determination (Native Title Act 1993 (Cth)) (Australia)

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