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Adnyamathanha No. 1 Native Title Claim Group v The State of South Australia (No 2) [2009] FCA 359 (30 March 2009)

Category: Agreement
Binomial Name: Federal Court of Australia
Date: 30 March 2009
Sub Category:Consent Determination (Native Title Act)
The three determinations cover a total area of approximately 41,085sq km of land around the Flinders Ranges including parts of Flinders Ranges National Park, Lake Frome Regional Reserve and Angepena Station.
Alternative Names:
  • Adnyamathanha People No. 2
  • Subject Matter:Native Title
    URL: http://www.austlii.edu.au/au/cases/cth/FCA/2009/358.html
    Summary Information:
    Mansfield J agreed to hear the native title determination application for this area in three separate consent determinations, on the same day.

    Between: Gordon Coulthard, Angelina Stuart, Geraldine (Thathy) Anderson, Vincent Coulthard, Stewart Patterson, Beverley Patterson, Mark McKenzie on behalf of the Adnyamathanha people (APPLICANTS) and the State of South Australia & others (RESPONDENTS)

    Between: Mark McKenzie & Others on behalf of the Adnyamathanha People (APPLICANTS) and the State of South Australia & others (RESPONDENTS)

    Judge: Mansfield J

    Where made: Nepabunna, South Australia

    Determination:

    Native title exists in parts of the determination area

    The Adnyamathanha people hold native title in the area
    Detailed Information:
    Mansfield J agreed to hear the native title determination application for this area in three separate consent determinations. The first and second claim together comprised the Adnyamathanha No. 1 native title determination. The first claim concerned the Angepena Pastoral Station, a single pastoral lease, within the larger area of the second claim (Adnyamathanha No. 1 native title determination). The third claim (Adnyamathanha No. 2 native title determination) relates to the whole of the Flinders Ranges National Park.

    Mansfield J found that the parties had adequate access to legal representation and that the State of South Australia had given appropriate consideration to the interests of the community generally. It was found that the Adnyamathanha people were clearly identified and that the uninterrupted observance of many laws and customs could also be indentified and therefore that it was in the power of the court to give effect to the consent determinations.

    An incident occurred in this determination when a pastoralist, in the last stages, stated that he did not consent to the proposed determination, without applying to become a party to the proceedings. Mansfield J proceeded with the determination, finding that the notification procedures of the Native Title Act were well publicised, and that despite the long running negotiations, the pastoralist could not explain why he had not mentioned his concerns earlier. Mansfield J found that people could not just object at any time without regard for the structure outlined by the Native Title Act.

    More detailed summaries for each determination are outlined below:


    Determination 1

    This determination is part of the Adnyamathanha No. 1 native title determination application which covers the area within the outer boundary of the Angepena Pastoral Lease.

    The native title holders are people who identify as Adnyamathanha, are descendents of certain individuals (listed in the decision) and recognised by other native title holders as having maintained an affiliation with the determination area.

    The native title rights and interests that exist in relation to the determination area are the right to access and move freely around the area, to camp and erect shelters, to hunt and fish, to use and trade natural resources, to cook and light fires, to use water, to conduct ceremonies and hold meetings, to participate in cultural activities (including burials), to teach the spiritual attributes of the area, to preserve sites of cultural importance, to make decisions about the area and to be accompanied on the land by those invited to take part in cultural activities.

    However, these rights do not confer possession, occupation, use and enjoyment of the land to the exclusion of others. They are for non-commercial use and are subject to the traditional laws and customs of the native title holders and the laws of the State and the Commonwealth. Native title rights do not exist in minerals, petroleum or natural reservoirs.

    The non-native title interests that exist in the determination area are a pastoral lease, the interests of the Crown and employees of the Crown or interests granted by the Crown and the interests of the operators of telecommunications and utilities working in those capacities in the area.


    Determination 2

    This determination is also part of the Adnyamathanha No. 1 native title determination application, but a much larger area. It includes Lake Frome Regional Reserve (a national park).

    The native title holders are people who identify as Adnyamathanha, are descendents of certain individuals (listed in the decision) and are recognised by other native title holders as having maintained an affiliation with the determination area.

    The native title rights and interests that exist in relation to the determination area are the right to access and move freely around the area, to camp and erect shelters, to hunt and fish, to use and trade natural resources, to cook and light fires, to use water, to conduct ceremonies and hold meetings, to participate in cultural activities (including burials), to teach the spiritual attributes of the area, to preserve sites of cultural importance, to make decisions about the area and to be accompanied on the land by those invited to take part in cultural activities.

    The non-native title interest that exist are the interests of the Crown or its employees, interests granted by the Crown, interests that exist by force of the laws of the State or the Commonwealth, the right of the public to use the determination area in accordance with any legislation, the interests of the operators of telecommunications and utilities working in that capacity in the area, the rights of pastoral lease holders and pipeline licence holders.

    However, these rights do not confer possession, occupation, use and enjoyment of the land to the exclusion of others. They are for non-commercial use and are subject to the traditional laws and customs of the native title holders and the laws of the State and the Commonwealth. Native title rights do not exist in minerals, petroleum or natural reservoirs, nor buildings, air strips or dams constructed in accordance with pastoral leases.

    While native title rights exist over Lake Frome reserve, these are subject to the non-extinguishment principle in s. 238 of the Native Title Act.


    Determination 3

    This determination is called the Adnyamathanha No 2 Native title claim. The determination area covers the whole area of the Flinders Ranges National Park.

    The native title holders are people who identify as Adnyamathanha, are descendents of certain individuals listed in the decision and recognised by other native title holders as having maintained an affiliation with the determination area.

    The native title rights and interests that exist in relation to the determination area are the right to access and move freely around the area, to camp and erect shelters, to hunt and fish, to use and trade natural resources, to cook and light fires, to use water, to conduct ceremonies and hold meetings, to participate in cultural activities (including burials), to teach the spiritual attributes of the area, to preserve sites of cultural importance, to make decisions about the area and to be accompanied on the land by those invited to take part in cultural activities.

    However, these rights do not confer possession, occupation, use and enjoyment of the land to the exclusion of others. They are for non-commercial use and are subject to the traditional laws and customs of the native title holders and the laws of the State and the Commonwealth. Other rights may coexist with native title rights but in the event of inconsistency, the other rights prevail. Native title rights do not exist in minerals or areas covered by Public Works.

    The non-native title interests that exist are the interests of the Crown or its employees, interests granted by the Crown, interest by force of the laws of the State or the Commonwealth, the right of the public to use the determination area in accordance with any legislation, the interests of the operators of telecommunications working in that capacity in the area.

    This was the largest native title determination made in South Australia's history (Koori Mail). The determination covers the significant sites the Wilpena Pound rock basin, the Beverley Uranium Mine and 918 square kilometres of Flinders Ranges National Park (Koori Mail).

    The parties are finalising an Indigenous Land Use Agreement (ILUA) to organise co-management of the Flinders Ranges National Park (Koori Mail).

    Graham Harbord, Native Title Lawyer, stated that the Adnyamathanha people had been linked to the area for thousands of years. He noted that neogotiations between the Adnyamathanha people and mining proponents were ongoing- and that any agreement would probably include a number of benefits for the Adnyamathanha people, such as compensation payments, protection of country and employment benefits. It is expected that these agreements will give the traditional owners some input into upcoming developments, including the expansion of the Beverley uranium mine (ABC News).

    Related Entries

    Agreement
  • Yankaninna/Balparana Indigenous Land Use Agreement (ILUA)
  • Adnyamathanha Mineral Exploration Indigenous Land Use Agreement (ILUA)
  • Adnyamathanha Settlement Indigenous Land Use Agreement (ILUA)
  • Coulthard v State of South Australia [2015] FCA 1380 (Adnyamathanha People Native Title Claim No. 3)
  • Coulthard v State of South Australia [2015] FCA 1379 (Adnyamathanha No. 1)
  • Organisation
  • National Native Title Tribunal
  • State of South Australia - Respondent
  • Federal Court of Australia
  • The Adnyamathanha Traditional Lands Association (Aboriginal Corporation)
  • Telstra Corporation Limited
  • Commonwealth of Australia
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • People
  • Adnyamathanha People - Native Title Claimant
  • Gordon Coulthard and others on behalf of the Adnyamathanha people - Native Title Claimant
  • Mark McKenzie & Others on behalf of the Adnyamathanha people - Native Title Claimant

  • References

    General Reference
    Federal Court of Australia (30 March 2009) Adnyamathanha No. 1 Native Title Claim Group v The State of South Australia (No. 2) [2009] FCA 359
    National Native Title Tribunal (30 March 2009) SA's Biggest Claim Resolved
    National Native Title Tribunal SA - Native title determination summary - Adnyamathanha People No. 1
    National Native Title Tribunal (30 March 2009) SA- Native Title Determination Summary- Adnyanmathanha People No. 2
    National Native Title Tribunal (30 March 2009) Determinations of Native Title: Adnyamathanha No 1 native Title Claim Group v South Australia (No 2)
    Article
    ABC News (30 March 2009) Flinders Native Title Agreements to be Settled
    The Australian (30 December 2009) Adnyamathanha Win South Australia's Biggest Native Title Claim
    Darren Coyne, Koori Mail (8 April 2009) Celebrations as SA Land Handed Back

    Glossary

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

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