Native title rights for the Gawler Ranges Aboriginal claimant group have today been recognised in a Federal Court hearing at Paney, in the Gawler Ranges National Park in the upper Eyre Peninsula of South Australia.
Justice John Mansfield made a consent determination over the claim for the Gawler Ranges group, to recognise their non-exclusive native title rights and interests in an area of approximately 34,000 square kilometres.
The consent determination finalises the Gawler Ranges claim that was lodged in 1997 and recognises the non-exclusive native title rights to access, hunt, fish, camp, gather and use the natural resources, undertake cultural activities, conduct ceremonies and meetings, and protect places of cultural and religious significance.
The Gawler Ranges claim has been the focus of intensive mediation by the Tribunal, most notably as part of the Spear Creek overlap mediation in 2004. The Spear Creek mediation was the idea of the Aboriginal Legal Rights Movement Inc Native Title Unit and involved several hundred members of nine separate native title claim groups including traditional advisors from the Anangu Pitjantjatjara Yankunytjatjara Lands, Oak Valley and Tjuntjuntjara, legal representatives and anthropological experts. The mediation was conducted over several days and successfully resolved overlaps with the Gawler Ranges claim group and the Ted Roberts, Kokotha Munta and Kuyani claim groups.
Today’s consent determination builds on a number of agreements that have already been successfully concluded by the Gawler Ranges claim group in relation to minerals exploration and pastoral interests. Those negotiations culminated in sixteen indigenous land use agreements (ILUA) being registered between 2009 and 2010.
In conjunction with the consent determination the SA Government and the Gawler Ranges claim group will enter into the Gawler Ranges National Park and Lake Gillies Conservation Park ILUAs and Co-management Agreements, the Lake Gairdner National Park ILUA and the whole of claim settlement ILUA. These agreements provide for co-management of the conservation areas and compensation.
National Native Title Tribunal Deputy President Chris Sumner said today’s outcome was the culmination of many years of careful (and sometimes difficult) negotiations.
‘When the parties are willing to work co-operatively to resolve native title, outcomes can be achieved by agreement. The agreement-making process establishes positive relationships for co-operative co-existence between native title holders and other interest holders in land and waters. This is the best approach to settling native title.
‘More determinations - achieved through the Court’s case management, the Tribunal’s mediation and the active cooperation of all parties - are expected to be made by consent in 2012.’
Note: There have been 8 determinations in South Australia and 7 of these were resolved by consent. |