Talking South Australia, March 2006

In this issue:


Commitment

The National Native Title Tribunal continues to hold regular regional mediation and assistance planning meetings with the South Australian Government, Aboriginal Legal Rights Movement and representatives of the Statewide ILUA strategy before and after Federal Court call-overs. The Federal Court continues to adopt the strategy recommended for existing claims in mediation which includes the integration of the Statewide ILUA negotiations into court-ordered mediation. However, at the last call-over held on 9 February, the court again added to the program of work agreed by the parties, by referring two more matters the court is considering listing for trial into Tribunal mediation.

The increased workload meant that a further regional planing meeting was held on 1 March to discuss the regional capacity regarding this additional mediation work, and whether resources would need to be diverted from other work in order to comply with the court orders. It is also the time of year when the key stakeholders are required to plan their operations and budget for the next financial year. Therefore we needed to be clear about the agreed regional priorities, and what the Federal Court's priorities were for the coming financial year.

Trials/Mediation

As the Yankunytjatjara/Antakirinja claim is listed for hearing in August this year, the Tribunal's mediation has been limited to the resolution of the issues relating to the township of Marla .

Similarly, as the Kokatha overlap trial has been listed to be heard by Justice Finn next year, the Tribunal's mediation is limited to trying to resolve the overlap with the Barngarla claim. Another claim has been lodged over the area of the Kokatha claim, by the Kuyani-Wilyaru claimants. At a review hearing on 22 March, the court referred the claim to the Tribunal for mediation of overlap issues, and that part of the claim which overlaps with the Kokatha claim into those proceedings which are listed for hearing in 2007.

The Tribunal continues to facilitate ILUA negotiations between BHP Billiton and the overlapping claimants in the area of Roxby Downs, which is also expected to assist in resolving the overlaps.

Mediation/ILUA Negotiations

Attendants at the North West Goldfields land summit
Mediation work: the need for mediation is increasing in South Australia particularly with the Kokatha, Barngala and Kuyani-Wilyaru claimants.

Wangkangurru/Yarluyandi, Eringa and Eringa #2, and Irrwanyerre Mt Dare claims continue in mediation now that the overlaps between them have been resolved by agreement. An enhanced research report regarding the Witjira National Park was provided to the State, ALRM and the claimants' representatives on 3 March to assist discussions regarding the claimants' aspirations for a consent determination over the park. There are also pastoral ILUA negotiations proposed for five pastoral properties within the SA portion of the Wangkangurru/Yarluyandi, claim and where it is not overlapped by any other claims.

Wangkangurru/Yarluyandi and Mithika overlap: Tribunal mediation is continuing to try to resolve this overlap (the majority of which is within the State of Queensland ).

Far West Coast: Tribunal mediation has accommodated the Statewide ILUA negotiations, which have been rescheduled to enable capacity building of the claimant group and the Ceduna Keys ILUA to proceed first. Mineral exploration template ILUA negotiations are scheduled to take place this year, as well as fishing ILUA negotiations starting towards the end of this year.

Gawler Ranges: Tribunal mediation has accommodated the Statewide ILUA negotiations for this claim too. The mineral exploration template ILUA was registered this year and negotiations for pastoral and National Parks ILUAs have now commenced.

Kokatha/Barngarla overlap: ALRM has finalised research into the two claims and plans are underway to organise a mediation meeting in the near future. It is also expected that finalisation of the Olympic Dam indigenous participation agreement in August this year will assist in resolving the overlap between the Kokatha, Barngarla and Kuyani-Wilyaru claims.

First Peoples of the River Murray: The Tribunal will try to ensure that its mediation of the connection issue, as ordered by the court in February, will integrate with the resources already applied by the parties towards the negotiation of ILUAs proposed for this claim, which are currently in the planning stages.

Adnyamathanha overlaps: Statewide ILUA negotiations are scheduled to commence in relation to minerals exploration and pastoral issues for the Adnyamathanha claims this year. The parks ILUA negotiations also proposed for Adnyamathanha # 1, which is an addition to the Vulkathanha Gammon Ranges National Park ILUA recently lodged for registration, are stated to be subject to the resolution of overlaps. Therefore, the Tribunal is considering what overlap mediations the claimants are resourced to participate in, in order to allow the overlaps to be resolved. Planning for mediation, if possible, is scheduled to be finalised by the end of April.

Overlapping claims: Barngarla, Nukunu, Arabunna and Dieri. The next mediation reports are due with the Federal Court on 5 September. The next call-over of all native title claims by the Federal Court is scheduled for 12 September. Claims being considered for trial for 2008 are the Far West Coast , First Peoples and Adnyamathanha claims.

Tribunal ILUA Facilitation

The Tribunal is close to finalising the Narungga fishing ILUA negotiations. The SA fishing ILUA template will soon be available on www.iluasa.com.au.

The Tribunal is also progressing with the Olympic Dam Indigenous participation Agreement ILUA with the Barngarla, Kokatha and Kuyani-Wilyaru native title claimants .

The Tribunal is continuing with its pastoral ILUA negotiations with the Yandruwandha/Yawarawarrka claimants. However, the scope of the ILUA negotiations has now been expanded to include Outback Areas Trust, mineral exploration, and national parks issues for this year too.

New Claims

The Kuyani-Wilyaru native title claim was lodged with the Federal Court last month, and is now undergoing the registration test.

Determinations

The High Court of Australia refused an application for leave to appeal the decision of the Full Court of the Federal Court in the De Rose Hill native title claim. Therefore the determination that native title exists in that claim area is final.