The Antakirinja Matu-Yankunytjatjara People have today become recognised as native title holders of 78, 672 sq km of land and waters in the north west of South Australia.
At a Federal Court hearing in Coober Pedy, Justice John Mansfield made a consent determination recognising the Antakirinja Matu-Yankunytjatjara People’s non-exclusive native title rights and interests to that area.
The consent determination finalises the Antakirinja Matu-Yankunytjatjara claim that was lodged in 1995. The Court has recognised their non-exclusive rights to hunt, fish, live, camp, gather and use the natural resources, undertake cultural activities including relating to births and deaths, conduct ceremonies and meetings, and protect places of cultural and religious significance.
In conjunction with the special sitting of the Court pastoralists, the SA Government and the Antakirinja Matu-Yankunytjatjara People have entered into a number of pastoral ILUAs that set out the terms of the ongoing relationship between the pastoralists and the Antakirinja Matu-Yankunytjatjara People. It is also anticipated that the SA Government, the District Council of Coober Pedy and the Antakirinja Matu-Yankunytjatjara People will shortly sign an ILUA regarding the Breakaways Reserve which is of special significance to the Antakirinja Matu-Yankunytjatjara People. The parties want to ensure this outback icon will continue to be enjoyed including by local people and tourists for its ecology, cultural heritage and natural beauty.
Tribunal Deputy President Chris Sumner said today’s outcome was the culmination of many years of careful negotiation, perseverance and good will by all parties, including the resolution by mediation of some overlapping native title claims.
“The resolution of this application results in the formal recognition of the Antakirinja Matu-Yankunytjatjara People’s ancient ties to the land,” Mr Sumner said.
“All the parties involved in the process leading to today’s outcome are to be congratulated for their willingness to work together to achieve a fair result. In particular the Antakirinja Matu-Yankunytjatjara People and their representatives have worked with dedication and commitment to achieve this result. “
“It’s been a lengthy process but the parties have carefully considered the issues, cultivating understanding of one another’s perspectives. They can now get on with their lives knowing that their rights are recognised and protected.”
This is the fifth determination in South Australia, following the contested determination of De Rose Hill in 2005, and the consent determinations of Yankunytjatjara/Antakirinja in 2006, Witjira National Park in 2008 and Adnyamathanha People in 2009.
“This determination is a further example of what can be achieved when all those involved in the native title process – the Federal Court, the Tribunal, South Australian Native Title Services, the SA Government and legal and anthropological advisors – work together in a cooperative way, which is a strong feature of native title negotiations in South Australia,” Mr Sumner said.
“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 the not-too-distant future.“