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Far West Coast Native Title Claim and The State of South Australia & Ors (Far West Coast)

Category: Agreement
Binomial Name: Federal Court of Australia
Date: 5 December 2013
Sub Category:Consent Determination (Native Title Act)
Location:Far West Coast of South Australia, South Australia, Australia
The determination area consists of approximately 75,249 km2 in the far south-west of South Australia. The determination area includes Ceduna/Thevenard, Denial Bay, Smoky Bay, Penong, Fowlers Bay, and Coorabie. More than 85% of the determination land is national park, reserve or wilderness area.
Legal Status: Registered on the National Native Title Register of native title determinations.
Legal Reference: Federal Court Number(s): SAD6008/1998 NNTT Number: SCD2013/002
Subject Matter:Native Title | Native Title - Extinguishment
URL: http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/NNTR_details.aspx?NNTT_Fileno=SCD2013/002
Summary Information:
Far West Coast Native Title Claim and The State of South Australia & Ors (Far West Coast)

Between:
Far West Coast Aboriginal Corporation (APPLICANTS) and

The State of South Australia (RESPONDENTS)

Judge: Mansfield J

Where made: unknown (unreported)

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

Native title is held by the Far West Coast People (Kokatha, Mirning and Wirangu)

The non-exclusive native title rights and interests over part of the determination area consist of:
- The right to access, move about, live, camp and erect shelters and structures on the Native Title Land for domestic, non-commercial use;
- The right to hunt, fish, gather and use the natural resources of the Native Title Land;
- The right to share and exchange traditional resources of the Native Title Land;
- The right to cook, and light fires for domestic purposes but not for the clearance of vegetation;
- The right to conduct cultural activities, ceremonies and teach on the Native Title Land; and
- The right to visit, maintain and protect sites and places of cultural and religious significance to Native title holders.

- These rights are for personal, domestic and communal use, not to the exclusion of others.

Non-native title rights and interests that exist in the determination area include:
- The rights and interests created by pastoral leases (Chundaria, Kychering, Malbooma);
- The interests of the Crown in right of the State of South Australia;
- The rights and interests of the Crown of South Australia pursuant to the National Parks and Wildlife Act 1972 (SA) and the Wilderness Protection Act 1992 (SA);
- The interests of persons to whom valid or validated rights and interests have been granted or recognised by the Crown in right of the State of South Australia or by the Commonwealth of Australia pursuant to statute or in the exercise of executive power;
- The rights or interests held by the force and operation of the laws of the State or the Commonwealth;
- The right to access land by an employee or agent or instrumentality of the State, Commonwealth or other statutory authority as required in the performance of his or her statutory law duties;
- The rights and interests of Telstra Corporation as the operator of telecommunications facilities on the Native Title Land;
- The interests of persons to whom valid or validated rights and interests have been granted or recognised by the Crown in right of the State of South Australia or by the Commonwealth of Australia pursuant to statute otherwise in the exercise of executive power; and
- The rights and interests of the District Council of Ceduna.

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

Far West Coast 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 Far West Coast Native Title Claim Group, which includes the Mirning, Wirangu and Kokatha, peoples had their native title rights and interests were first recognised in the native title determinations of 2013. This consent determination follows the combination of five previous, partially overlapping claims, which are now established as the Far West Coast Native Title Claim Group. The determination area consists of approximately 75,249 km2 in the far south-west of South Australia and includes many sites of significance in coastal country, wooded coastal plain and dry inland salt lake, soak and sandhill country. The determination area includes land dedicated as national park, reserve or wilderness area.

Details of Judgement
Through mediation, agreement has been reached as to the terms of a determination of native title to provide recognition of the native title rights and interests held by the Far West Coast People in relation to part of the land and waters covered by the Far West Coast Native Title 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

Organisation
  • National Native Title Tribunal
  • State of South Australia
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)

  • References

    General Reference
    Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS) Far West Coast Aboriginal Corporation
    Newspaper Article
    Jarrad Delaney Historic day for local people

    Documents

    Document
    Far West Coast Native Title Claim and The State of South Australia & Ors - ( PDF | PDF | PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Consent Determination (Native Title Act 1993 (Cth)) (Australia) | Extinguishment (Australia) | Federal Government | Legislation | Local Government | National Park | Native Title (Australia)

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