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Coulthard v State of South Australia [2014] FCA 124 - Stage 2 & 3

Category: Agreement
Binomial Name: Federal Court of Australia
Date: 25 February 2014
Sub Category:Consent Determination (Native Title Act)
Location:In the vicinity of the Flinders Rangers, South Australia, Australia
In the vicinity of the Flinders Ranges.
Legal Status: Registered on the National Native Title Register of native title determinations.
Legal Reference: Tribunal file no. SCD2014/001 Federal Court file no(s) SAD6001/1998
Subject Matter:Native Title
URL: http://www.austlii.edu.au/au/cases/cth/FCA/2014/124.html
Summary Information:
Coulthard v State of South Australia [2014] FCA 124 - Stage 2 & 3

Between:
Vincent Coulthard and Others named in the Schedule of Parties (APPLICANTS)
and

The State of South Australia and Others named in the Schedule of Parties (RESPONDENTS)

Judge: White J

Where made: Ikara

Determination:

This determination covers certain parts of the land and waters subject to the Adnyamathanha No 1 Native Title Determination Application which are not covered by the consent determinations on 30 March 2009.

Stage 2

Native title exists in part of the Determination Area. It consists of non-exclusive native title rights.

Native title is held by the Adnyamathanha people.

The non-exclusive native title rights over part of the determination area consist of
- The right to access, live, camp, and erect shelters for personal, domestic and non-commerical use on the Determination Area;
- The right to hunt, fish, gather, use, distribute, trade or exchange natural resources for personal, domestic and non-commerical use on the Determination Area;
- The right to cook and light fires for cooking and camping purposes on the Determination Area;
- The right to teach, conduct ceremonies and cultural activities on 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 Determination Area.

The above native title rights and interests do not confer possession, occupation, use and enjoyment of the Determination Area on the Native Title Holders to the exclusion of others.These rights and interests are subject to and exercisable in accordance with the traditional laws and customs of the Native Title Holders and the valid laws of the State and Commonwealth, including the common law.

Non-native title rights and interests that exist within the Determination Area include:
- The interests of the Crown in right of the State of South Australia;
- The interests of persons that have had valid interests granted or recognised by the Crown in right of the State of South Australia or by the Commonwealth of Australia pursuant to statute or otherwise in the exercise of executive power;
- The rights or interests held by reason of the operation of the laws of the State or Commonwealth;
- The rights to access land by an employee or agent or instrumentality of the State, Commonwealth or other statutory authority in the performance of his or her duties;
- The rights and interests of Telstra Corporation Ltd as the operator of telecommunications facilities within the Determination Area;
- The rights, interests and entitlements of SA Power Networks; and
- The rights and interests of the Flinders Ranges Council.

Stage 3

Native title exists in the Determination Area subject to the decision in Dieri No 2 Native Title Determination Application. It consists of non-exclusive native title rights.

Native title is held by the Adnyamathanha people.

The non-exclusive native tile rights over part of the determination area are the same as those determined in Stage 2 (see above)

Non-native title rights and interests that exist within the Determination Area are the same as those determined in Stage 2 (see above)


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

Adnyamathanha Traditional Lands Association (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
Adnyamathanha people are the Traditional Owners of the Wilpena and Flinders Ranges area. The Adnyamathanha belief systems tell the story of the creation of their traditional lands, and tell of spiritual snakes making up the walls of the Pound. An agreement was reached in 2014, in respect to the land which was subject to the overlapping native title claim. The result of this agreement is that Dieri people have recognised with respect to the western portion of the overlap area, and the Adnyamathanha people have been recognised with respect to the eastern portion.

The Adnyamathanha People initially made the claim more than a decade ago. The 4.1m ha portion of land also includes consent to access the Flinders Ranges National Park. The Adnyamathanha People will work with the State Government to write up an indingenous land use agreement for the use of the Flinders Ranges National Park. The tribunal also partially resolved a claim relating to the pastoral lease contained within the full title. 'The Australian' newspaper expects the decision to, "give the traditional owners some say in developments, including the planned expansion of the Beverley uranium mine, and give stronger protection to Aboriginal rock art created tens of thousands of years ago." (2009)



Details of the 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 Adnyamathanha People in relation to part of the land and waters covered by the Adnyamathanha No 1 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
  • 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
  • The Adnyamathanha Traditional Lands Association (Aboriginal Corporation)
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title Amendment Act 1998 (Cth)
  • People
  • Adnyamathanha People

  • References

    General Reference
    National Parks South Australia (01/07/2011) History - Adnyamathanha culture
    Wilpena Pound Resort ADNYAMATHANHA OWNERSHIP
    Fact Sheet
    Native Title Research Unit (28/07/2014) Adnyamathanha Traditional Lands Association (Aboriginal Corporation) RNTBC
    Newspaper Article
    The Australian (30/03/2009) Adnyamathanha win South Australia's biggest native title claim

    Documents

    Document
    Adnyamathanha No 1 Stage 2 - ( PDF | PDF | PDF | PDF | PDF)
    Adnyamathanha No 1 Stage 3 - ( PDF | PDF | PDF | PDF | PDF | PDF)

    Glossary

    Aboriginal and Torres Strait Islander (Australia) | Applicant | Federal Government | Consent Determination (Native Title Act 1993 (Cth)) (Australia) | Legislation | Indigenous Land Use Agreement (ILUA) (Native Title Act 1993 (Cth)) (Australia) | Land Use Agreement (Australia) | National Park | Native Title (Australia) | Native Title Applicants | Native Title Claimants (registered) (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title Representative Body (NTRB) (Australia) | Native Title Determination (Australia)

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