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Lander v State of South Australia [2012] FCA 427

Category: Agreement
Binomial Name: Federal Court of Australia
Date: 1 May 2012
Sub Category:Consent Determination (Native Title Act)
Location:South Australia, Australia
This Consent Determination covers some 47,000 square kilometres of land, with part of its south-eastern boundary extending into the Strzelecki Regional Reserve and part of its western boundary extending into the Lake Eyre National Park.
Legal Status: Registered on the National Native Title Register (of native title determinations)
Legal Reference: National Native Title Tribunal: SC97/4 Federal Court No: SAD6017/98
Alternative Names:
  • Dieri
  • Subject Matter:Access | Land Use | Native Title | Native Title - Extinguishment | Pastoral Activities
    URL: http://www.austlii.edu.au/au/cases/cth/FCA/2012/427.html
    Summary Information:
    Lander v State of South Australia [2012] FCA 427 (1 May 2012) is a consent determination

    between:

    Edward Lander, Rhonda Gepp-Kennedy, Nellie Edge, Sylvia Stewawrt, Irene Kemp and David Mungerannie (APPLICANT)

    AND

    The State of South Australia, Australian Wildlife Conservancy, South Australian Native Title Services Ltd, The Pastoralists, BHP Billiton Olympic Dam Corporation Pty Ltd, beach Energy Ltd, Senex Energy Ltd, Geodynamics Ltd, Impress (Cooper Basin) Pty Ltd, Cooper Energy Ltd, Alliance Petroleum Australia Pty Ltd and others, Telstra Corporation Ltd and South Australian Apiarists Association Inc (RESPONDENTS)

    Judge: Mansfield J

    Where made: Marree Station

    Determination:

    Native title exists in parts of the determination area.

    The determination area consists of some 47,000 square kilometres in area, with part of its south-eastern boundary extending into the Strzelecki Regional Reserve and part of its western boundary extending into the Lake Eyre National Park. For a detailed description see Schedule 1 of the decision.

    Native title is held by members of the Dieri people who are descendants of the listed apical ancestors (see s 3(a) of the decision), who identify as Dieri and who are recognised by other Native Title Holders.

    Native title rights and interests that exist over land and water in the determination area include:
    - the right to access and move about;
    - the right to hunt and fish;
    - the right to gather and use the natural resources;
    - the right to share and exchange the subsistence and other traditional resources;
    - the right to use the natural water resources;
    - the right to live, to camp and to erect shelters;
    - the right to cook and to light fires for domestic purposes;
    - the right to engage and participate 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 visit, maintain and protect sites and places of cultural and religious significance; and
    - the right to be accompanied on to the Determination Area by those people who, though not Native Title Holders, are: spouses of native title holder; or people required by traditional law and custom for the performance of ceremonies or cultural activities on the Determination Area; or people who have rights in relation to the Determination Area according to the traditional laws and customs acknowledged by the native title holders.

    Native title rights and interests do not:
    - include commercial use of the Determination Area or the resources from it.
    - confer possession, occupation, use and enjoyment of the Determination Area on the native title holders to the exclusion of others.

    Native title rights and interest do not exist:
    - in respect of any house, shed, airstrip, dam or stock watering point constructed pursuant to the Pastoral lease and before the date of this determination;
    - in petroleum and minerals;
    - a naturally occuring underground accumulation of a petroleum, hydrogen sulphide, nitrogen, helium, carbon dioxide;
    - a natural reservoir;
    - geothermal energy the source of which is below a depth of 100 metres from the surface of the earth;
    - a public work.

    Non-native title rights that exist over the determination area include:
    - Pastoral leases (see s 15(a) of the judgment)
    - the interests of the Crown and any person who has been granted rights by the Crown;
    - rights or interest held in relation to the laws of the State or the Commonwealth;
    - rights to access the land by an employee or agent of the State of South Australia, the Commonwealth or another statutory authority.
    - the rights and interests of Telstra Corporation Ltd;
    - owner or operator of telecommunications facilities within the Determination Area;
    - the rights and interests of BHP Billiton Olympic Dam Corporation Pty Ltd;
    - The rights and interests of the 'Producers' as defined by the Cooper Basin (Ratification) Act 1975 (SA);
    - The rights and interests of Beach Energy Limited;
    - The rights and interests of Permian Oil Pty Ltd;
    - 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; and
    - The rights and interests of Cooper Energy Ltd.





    Detailed Information:
    Background

    The Dieri people first lodged their claim in August 1997. They have waited 15 years for a determination. On the day of the determination at Marree Station, Frank Warren, chair of the Dieri Aboriginal Corporation, said 'at last we got our determination. It was a long haul but we finally go there.'(ABC)

    Details of the Judgement

    Judge Mansfield outlined the anthropological evidence and was satisfied that the Dieri People had maintained their connection with the Determination Area.

    Related Entries

    Agreement
  • Dieri No. 2 Native Title Claim and State of South Australia [2014] FCA 125
  • Organisation
  • BHP Billiton Olympic Dam Corporation Pty Ltd - Respondent
  • South Australian Apiarists Association - Respondent
  • Telstra Corporation Limited - Respondent
  • Australian Wildlife Conservancy - Respondent
  • State of South Australia - Respondent
  • South Australian Native Title Services Limited - Respondent
  • Beach Energy Ltd - Respondent
  • Senex Energy Ltd - Respondent
  • Geodynamics Ltd - Respondent
  • Impress (Cooper Basin) Pty. Ltd. - Respondent
  • Cooper Energy Ltd - Respondent
  • Alliance Petroleum Australia Pty Ltd - Respondent
  • National Native Title Tribunal
  • Dieri Aboriginal Corporation - Native Title Claimant
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • People
  • Edward Lander on behalf of the Dieri People - Native Title Claimant

  • References

    General Reference
    National Native Title Tribunal (1 May 2012) Native Title determination summary - Dieri
    Petria Ladgrove (10 May 2012) Dieri native title detrmination
    National Native Title Tribunal (21 August 1997) Claimant application summary - Dieri Native Title Claim

    Documents

    Map
    Lander v State of South Australia: Map of Determination Area - ( PDF | PDF | PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Aboriginal Corporation (Australia) | Consent Determination (Native Title Act 1993 (Cth)) (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title (Australia) | Native Title Determination (Australia) | Native Title Holders (Native Title Act 1993 (Cth)) (Australia) | Respondent | National Park | Native Title Applications/Claims (Australia) | Native Title Registers

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