Native title rights for two Aboriginal claimant groups over the Witjira National Park are set to be recognised today in a Federal Court hearing at Dalhousie Springs, on the western edge of the Simpson Desert in the far north of South Australia.
Justice Lander is expected to make a consent determination over claims from the Eringa and the Wangkangurru/Yarluyandi claim groups, to recognise their non-exclusive native title rights and interests in the 7770sq km park, which includes a commercial lease at Mt Dare.
Today’s native title determination is the first over a South Australian national park and only the third native title determination for the State. It finalises four claims over the Witjira National Park: the Irrwanyere Mt Dare claim (lodged in 2005), and park overlap areas of two Eringa claims (1996 and 1999) and a Wangkangurru/ Yarluyandi claim (1997).
The claimants agreed in 2000 to work together through the Irrwanyere Aboriginal Corporation. Since then the Tribunal has provided mediation support to the parties, which has also included the State of South of Australia and the South Australian Native Title Services (formerly the Aboriginal Legal Rights Movement).
In the years leading to today’s decision, the parties not only came to an agreement about native title but also developed a partnership for co-management of the Witjira National Park and an indigenous land use agreement, which was registered in March this year.
Tribunal Deputy President Chris Sumner said it was pleasing to see a consent determination result for these claims after a negotiation process that had not required any court intervention to keep the parties on track.
“Previous SA native title cases have included the litigated determination for the claim over the De Rose Hill pastoral station, in 2005, and a combination of Tribunal facilitated mediation and court conferences for the Yankunytjatjara/Antakirinja claim in 2006.
“In the Witjira case, mediation has been successful in giving the parties an understanding of their rights and interests within the native title process – and they have been able to reach positive outcomes while avoiding the confrontation and uncertainty of litigation,” he said.
Mr Sumner said the parties were continuing to work together in ongoing mediations regarding the remaining overlapping claim areas adjacent to the park.
Protocols for visiting Witjira National Park remain unchanged after today’s decision – a Desert Parks Pass is required and there are guidelines for outback travel and camping. To find out more, visit www.environment.sa.gov.au and go to Parks, then select Witjira National Park.
Claim area map.
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