South Australian Native Title Services
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Aboriginal Way Country, Culture, People.
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South Australian Native Title Services
Aboriginal Way Country, Culture, People.
acknowledgement We acknowledge the Traditional Owners of South Australia and recognise their continuing connection to Country, Culture and Community. Our office is based on Kaurna Country where we pay our respects to Elders past and present. 4
South Australian Native Title Services
South Australian Native Title Services (SANTS) invites you to look back on 30+ years of native title in South Australia.
Editor: Keith Thomas Contributors: Caleb Sweeting, Tom Jenkin, Joy Lothian, Isaac Selby
Australia is home to hundreds of First Nations peoples, each with their own culture, customs, language and laws. For millennia, Aboriginal and Torres Strait Islander peoples have continued to practice their traditional way of life. In 1993, the Native Title Act created a process for claiming the recognition of First Nations’ rights and interests. Native Title isn’t ‘won’ or ‘given’ – it is the legal recognition of these rights over land and waters.
About native title Native title is the legal recognition that Aboriginal and Torres Strait Islander peoples have a continuing connection to their Country through traditional laws, customs and cultures.
Design and Printing: We Create Print Deliver SA Native Title Services Level 6, 27 Currie St, Adelaide SA 5000 www.nativetitlesa.org Ph: (08) 8110 2800 Fax: (08) 8110 2811 FREECALL: 1800 010 360 If you have any stories of interest to our readers, please address correspondence to: aboriginalway@nativetitlesa.org
How is native title recognised?
The Editor has the final decision on all stories and advertising that appear in this publication.
In South Australia, Aboriginal groups make a claim to the Federal Court. They must show they still follow traditional law and maintain a strong connection to their Country. Others who use the land, like pastoralists, can also have their say. The courts then decide.
WARNING: Aboriginal and Torres Strait Islander readers are warned that the following publication may contain images, names, and stories of deceased persons. 5
Aboriginal Way Country, Culture, People.
about the artwork
This collaborative work by Antikirinya/Yankunytjatjara mother and daughter, Jane and Lisa Khan, reflects the cultural significance of native title in South Australia. Through brushwork and dot painting, they layer colours to represent the state’s diverse landscapes – coastal blues and greens, and inland ochres and reds – while highlighting meeting places, languages, and stories. A central pathway symbolises the ongoing journey toward recognition, cultural preservation, and hope for future generations. Rooted in South Australia, the piece also acknowledges the broader native title story shared by Aboriginal communities across the country. 6
South Australian Native Title Services
table of contents
04 06 11 13 15 20 116
Acknowledgement
About the Artwork
Preface from CEO Keith Thomas
Native Title Glossary Terms
Brief History of Native Title in South Australia
Timeline of Native Title in South Australia
05 08 12 14 18 112
About Native Title
Country, Culture, People
Foreword from the Hon Kyam Maher
Native Title Map
Navigating Native Title Through Anthropology
Notable figures in SA’s native title history
Applicant Listing of Determined Native Title Claimant Applications in South Australia 7
Aboriginal Way Country, Culture, People.
Country Native title recognises the relationship Aboriginal people have with their Country. The rights and interests recognised in native title determinations allow Traditional Owners to continue caring for Country. Country, in return supports their wellbeing and sense of self and provides people with what they need to live and prosper for generations to come. The western idea of country often means a piece of land or territory defined by borders and mainly seen as a resource. However, the Aboriginal perspective of Country (with a capital C) relates to the land, waters, sky, plants, animals, ancestors and the physical and spiritual connection people have with it. Cultural knowledge, Dreaming and responsibilities to care for Country are passed down from generation to generation. For Aboriginal people, looking after Country means keeping things in balance: taking only what you need so the land and waters can continue to provide enough food, water and bush medicine for years to come. When Country is mistreated, it affects the physical and mental wellbeing of Traditional Owners. People are part of Country, not separate from it.
Arabana rangers. Cultural burn at Point Pearce with Narungga man Peter Turner. Kokatha Country sign at Lake Hart.
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Painting story lines at cultural camp at Ilintjitjara.
South Australian Native Title Services
culture
For Aboriginal and Torres Strait Islander peoples, culture is not simply inherited – it is deeply lived.
It shapes identity, relationships and responsibilities. Culture is embedded in daily life and in a connection to Country that stretches back countless generations. Native title recognition is not only about land rights – it also acknowledges the ongoing cultural responsibilities and knowledge systems that have been maintained through story, ceremony, language and law. Across South Australia, Aboriginal Nations each hold their own unique cultural traditions. While there is great diversity, there are also shared values, including strong connections to Country, kinship ties, and respect for the teachings of Ancestors. Creative expression is one of the many ways culture is sustained. Art, music and dance often carry Dreaming stories, depict Ancestors and reflect Country. These forms are tools for teaching,
remembering and passing on knowledge. Cultural practice continues today – not only through traditional ceremonies and art, but also through contemporary expressions and community-driven initiatives. Many Aboriginal communities are actively revitalising languages, running cultural education programs, and participating in native title processes that reflect cultural protocols. Through cultural centres, youth camps, on-Country learning and storytelling led by Elders, Aboriginal communities are ensuring that culture remains strong. Culture continues to be a deep source of strength and resilience for Aboriginal and Torres Strait Islander peoples. It holds identity, provides belonging, and guides communities as they navigate modern challenges – always grounded in the knowledge of those who came before. 9
Aboriginal Way Country, Culture, People.
People
Native title is nothing without the people who practice native title rights and interests and uphold and maintain traditional laws and customs. It is the people who exercise native title rights and interests, pass on knowledge to future generations, engage with stakeholders and are the leaders and faces of PBCs (prescribed body corporates). PBCs are a vehicle for investing in people, something which has developed significantly over the last 20 years and facilitated opportunities for the community to develop skills in leadership, representation and advocacy. This translates on local, regional and state levels, elevating the voice of native title holders to act with cultural authority on a range of issues. PBCs operate under strong governance and statutory regimes and their work is guided by strategic and business plans. A strong commitment is shown by members and directors to each 10
Dharma and Tanya Ducasse-Singer weaving together.
PBC, with large numbers of people attending community meetings and many volunteering their time to make them happen.
Community investment After receiving recognition of native title, many PBCs will establish financial trusts to invest in people through charitable support and assistance to alleviate poverty and disadvantages. Investments made by these trusts include health, education, social and community programs with the clear goal of delivering future generational change. Economic development may also include negotiating agreements to obtain financial returns, developing small to large businesses, increasing Aboriginal employment, conducting heritage services, civil, mining services and more.
Establishing offices By establishing offices, PBCs have dedicated work spaces for their staff and
room for engagement with community members, stakeholders, media, community service providers and more. Having a physical presence for native title groups also increases visibility and recognition of their contributions in the community.
Collaboration with young people and Elders Many PBCs will run youth programs, allowing Elders to pass on their knowledge and experiences to the next generations coming through. Youth programs and camps give young adults the opportunity to develop their skills, voice and understanding of culture and Country. The opportunity to continue these programs through access to grants and collaboration with schools will allow these practices to grow with time and allow the next generation to move into leadership roles within the native title space and in their community generally.
South Australian Native Title Services
Preface – SA Native Title Services CEO, Keith Thomas
SA Native Title Services CEO, Keith Thomas
Welcome to this special edition of Aboriginal Way, a reflection and celebration of native title history here in South Australia. For Aboriginal people, living between two worlds is a familiar experience, and native title is a clear example of that, sitting at the intersection of the Western court of law and the intangible interconnection Aboriginal people have with Country and culture. The Native Title Act has helped shape the relationship between Aboriginal people and the State. It promotes reconciliation and respect for Aboriginal rights, people, culture and Country. For many South Australian Aboriginal Nations, native title is both challenging
and deeply rewarding; a journey defined by perseverance, cultural strength and the enduring connection between Country, culture and people. But it isn’t without burden. The road to reach native title recognition can be complex and long. It requires communities to demonstrate a continuing connection to Country under traditional laws and customs, often in the face of complicated processes, competing interests and personal sacrifice. At its heart, native title is about more than a legal outcome. It affirms what Aboriginal people have always known: that our connection to Country is unbroken, grounded in tradition and responsibilities that have been passed down through generations. 11
Aboriginal Way Country, Culture, People.
Foreword – Minister for aboriginal affairs & Attorney general, Kyam Maher
The Hon Kyam Maher speaking at SANTS Gala Dinner.
The 30-year journey of native title in South Australia is a powerful testament to the unwavering resilience of Aboriginal peoples and the dedicated commitment of organisations like South Australian Native Title Service. It’s a celebration of justice and recognition. It’s a celebration of the unwavering connection of Aboriginal and Torres Strait Islander people to their Country, a connection that has survived for tens of thousands of years, against all odds. This period has laid a crucial foundation upon which a stronger future can be built. The foundational work began with the Aboriginal Legal Rights Movement, whose Native Title Unit laid the groundwork for years. Then, in 2008, SANTS was established as a standalone entity, delivering a focused and effective approach. We have prioritised negotiation and consent and delivered profound and 12
lasting results. It has created a more harmonious and respectful framework for coexistence. In South Australia, we have seen over 40 native title determinations since SANTS began operations. Over 60% of our state’s land area has had its native title status resolved. Native title formally acknowledges a continuous connection to Country that spans back to the very beginning of time. It confronts the historical denial of Aboriginal rights head-on, and is a vital mechanism for healing historical ignorance. It provides the legal basis for Aboriginal people to continue practicing their traditional laws and customs - to hunt, to gather, to care for sacred sites, and to teach the next generation. It ensures the vital transmission of knowledge and stories, safeguarding an ancient heritage. With that cultural and spiritual foundation, native title provides a platform for economic empowerment.
We know the journey is not over, but the immense progress we have made demonstrates the potential for opportunity. Moving forward, our shared journey must be underpinned by a mutual respect for Aboriginal rights and connection to land and waters. The aspiration is to move beyond mere legal recognition but fostering meaningful coexistence, where Aboriginal self-determination and the stewardship of Country are not only acknowledged but actively supported and celebrated. Because ultimately, this benefits all of us. Thank you to the Aboriginal leaders and Elders, as well as SANTS staff, and all others who have contributed to this incredible journey. Let us continue to walk this path together, committed a future where equity, and self-determination for South Australia’s Aboriginal communities are fully realised.
South Australian Native Title Services
NATIVE TITLE GLOSSARY OF TERMS
What is native title? The recognition that Aboriginal and Torres Strait Islander people have rights and interests to land and waters according to their traditional law and customs as set out in Australian law. Native title is administered by the Native Title Act 1993 (Cth).
Where does native title exist? The recognition of native title over land and waters can be easy to misunderstand, areas where native title can exist are: vacant Crown land some national parks some forests and public reserves some types of pastoral lease some land held for Aboriginal communities some oceans, lakes, rivers, creeks, swamps (not privately owned)
What areas cannot be claimed by native title? It’s important to note that the following areas are unable to have native title rights claimed within their area: private property (including family homes and privately owned freehold farms) residential, commercial and certain other leases schools, roads and other public property
What is co-existence? In certain cases, recognition of rights and interests over land or waters can be mutually held, this is known as co-existence. For instance: Traditional Owner’s rights to hold ceremonies on Country may coexist with the rights of a pastoral leaseholder to have cattle graze on the same land. In these instances, ongoing dialogue and negotiation may be required to ensure the interests of all involved are able to be met.
What rights arise from native title? Some of the rights associated with recognition include: protecting and maintaining sacred sites making decisions about the future use of land or waters hunting, gathering, ceremonial use and collecting bush medicines Native title claimants also have the right to negotiate with anyone who wants to develop the claim area (e.g. for mining, mineral exploration, marina development, etc.).
What is a consent determination? A decision made by a court) or other recognised body that native title does or does not exist in a particular area; made when parties have reached an agreement after mediation. Recognition of native title largely occurs in the Federal Court; however matters can also appear in the High Court, Supreme Court, and Environment, Resource and Development Court.
What is an Indigenous Land Use Agreement (ILUA)? A voluntary agreement about the use and management of particular areas of land or waters, which can be made between one or more native title groups with other individuals or groups. Often ILUAs will be negotiated with miners, pastoralists or governments.
What is a compensation application? Compensation may be sought by native title holders for adverse effect on their native title rights and interests caused by certain acts, including the following:
the validation of acts since the Racial Discrimination Act 1975 (Cth), which would otherwise have been invalid because of the existence of native title Acts done on or after 1 January 1994, when the Native Title Act 1993 came into effect the validation of some acts between 1 January 1994 and 23 December 1996 which were invalid under the Native Title Act 1993. The application must be made to the Federal Court which manages the application until it is finalised either by being determined, struck out, dismissed, withdrawn or discontinued.
Who can apply for compensation? Under the Native Title Act 1993, specific individuals or groups who are eligible to apply for compensation include: the registered native title body corporate for areas where native title has been determined to exist a registered native title body corporate on behalf of the persons who claim to be entitled to compensation in areas excluded from a determination or where native title has been determined not to exist persons authorised by all the persons who claim to be entitled to compensation (the compensation claim group), provided the persons applying are also included in the group.
What is a PBC? PBCs or Prescribed Bodies Corporates are set up and registered to manage native title rights and interests on behalf of native title holders.
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Aboriginal Way Country, Culture, People.
TJAYUWARA UNMURU
ERINGA & WANGKANGURRU / YARLUYANDI
ERINGA
DE ROSE HILL
WANGKANGURRU / YARLUYANDI
MARLA
YANDRUWANDHA / YAWARRAWARRKA
YANKUNYTJATJARA / ANTAKIRINJA OODNADATTA
INNAMINCKA
DIERI
ARABANA
COOBER PEDY
ANTAKIRINJA MATU - YANKUNYTJATJARA MARREE
LEIGH CREEK ROXBY DOWNS ADNYAMATHANHA KOKATHA
FAR WEST COAST
WOOMERA
GAWLER RANGES
CEDUNA
ADNYAMATHANHA, NGADJURI, & WILYAKALI PORT AUGUSTA
STREAKY BAY
WILYAKALI
NUKUNU WIRANGU
PETERBOROUGH
WHYALLA PORT PIRIE
WIRANGU & NAUO BARNGARLA
NGADJURI JAMESTOWN
NAUO CLARE
BERRI
FIRST PEOPLES OF THE RIVER MURRAY & MALLEE
PORT LINCOLN KAURNA NARUNGGA
ADELAIDE
MURRAY BRIDGE
NGARRINDJERI
KINGSTON SE
native title MAP 14
MOUNT GAMBIER
Mary Anderson, Dennis Douglas, Donald Grant and Keith Thomas at the Tjayiwara Unmuru consent determination.
South Australian Native Title Services
Brief History of native title in South Australia
Car convoy on Country, 2005.
On 3 June 1992, the High Court of Australia delivered a landmark ruling that changed the possibilities and future for Aboriginal and Torres Strait Islander groups right across the country. The ruling, now known as the Mabo decision, recognised the legal rights of a group of Torres Strait Islanders, the Meriam people led by Eddie Koiki Mabo, to their land on Mer or Murray Island in Queensland. This decision overturned the legal doctrine of terra nullius, which claimed Australia belonged to no one before British colonisation. This paved the way for native title, and the Native Title Act was established on December 24 the following year in 1993, coming into full effect in 1994. 15
Aboriginal Way Country, Culture, People.
The Act was a purpose-built framework for the Australian legal system to recognise and protect the rights of Aboriginal and Torres Strait Islander people over their land – in the white law courts. It establishes procedures for future dealings about native title, setting out a structure for groups to seek legal recognition of their rights and allowing for the validation of past acts that may have extinguished native title rights. It took more than 10 years for the first claim to be determined in SA – De Rose Hill in 2005.
Foundations of native title (1990s - early 2000s) Following the enactment of the Native Title Act, a process was undertaken to appoint native title representative bodies (NTRBs) across the country. The Aboriginal Legal Rights Movement (ALRM) was recognised as the NTRB for South Australia and began its work in 1994 through what became its Native Title Unit (NTU). The Native Title Act drew much controversy and backlash from many sectors of the Australian public, politics and industry. Nevertheless, the legislative framework was in place and native title claims were soon filed. The Act left much for the Federal Court to resolve in terms of establishing the legal parameters and requirements needed to achieve a positive determination of native title. These matters also needed to be tested to some extent within each state or territory. In South Australia, the De Rose Hill native title claim was identified as a preferred ‘test case’ to work out some of the parameters of native title in the state. Through the mid to late 1990s, legal teams and anthropologists worked with De Rose Hill claimants to prepare for trial. On-Country hearings were held during 2001 and 2002 and, following multiple appeals, a final judgment in favour of the De Rose Hill claimants was delivered in 2005. The first native title holders in South Australia were recognised, and important legal precedents and native title foundations were laid. Through the late 1990s and early 2000s, work continued with native title claimants across the state. This included preparing and re-registering native title claims following amendments to the Act under the Howard Government-led ‘10-Point Plan’. The adversarial nature of the De Rose Hill litigation prompted a rethink as to whether an alternative approach could be established to address native title in South Australia. These initial discussions became the starting point for the Statewide Indigenous Land Use Agreement (ILUA) negotiation process. Through the leadership of ALRM, the collective voice of native title claimants through ‘Congress’, and the State Government (including the Attorney-General), a commitment was made to establish a platform and process for the negotiation of native title, with the aim of avoiding further litigation. The Statewide process was unique in that it brought together ALRM NTU and native title claimants with the State Government and peak industry bodies representing farmers, fisheries, and local government. In summary, the purpose was to build understanding of native title and respective interests in Country, build relationships between the parties, establish processes to negotiate agreements that addressed power imbalances and cultural protocols, and ultimately resolve native title through negotiation and consent determination rather than litigation. By 2004, template ILUAs had been developed through pilot negotiations with four native title groups on sectorbased matters. The claims remained in the Federal Court; however, flexibility, time, and space were provided to work on this collaborative agreement-making approach. During the early 2000s, the number of overlapping native title claims was identified as a barrier to resolving native title through negotiation. The Central West Mediation Strategy was implemented to seek resolution of some of the more significant overlapping claim issues. This strategy again took a cooperative and culturally informed approach, implementing a claimant-led mediation and inter-claimant dispute resolution strategy. The significant body of native title work undertaken from 1995 to 2004 established a pathway forward with bilateral and cross-sector support for the negotiation of native title. Importantly, aside from De Rose Hill, most claims during this period were not listed for trial, allowing a negotiation framework to develop while the legal parameters of native title were clarified nationally. In the following five years, approximately 36 ILUAs were negotiated across South Australia. 16
South Australian Native Title Services
Progress through resolution (2014 - present) From 2014 onwards, the native title landscape in South Australia evolved further, shaped by growing Federal Court involvement and increasing complexity in claim areas. Following Justice Mansfield’s departure from the Federal Court, a notable shift occurred: the Court adopted a more active role in case management. Frustrated by delays in resolving longstanding claims, the Court moved to expedite processes, increase trial activity and enforce stricter timelines. While the 2004-2014 period had seen few trials, this period marked a return to more formal litigation when negotiations stalled. Determinations also expanded both geographically and substantively. Claims in southern parts of the state, outside traditional pastoral zones, required detailed tenure analysis, greater attention to extinguishment, and in some cases, compensation. These claims introduced new legal and evidentiary challenges, reshaping how stakeholders approached native title. The High Court’s Timber Creek decision in 2019 placed compensation
firmly on the agenda, prompting renewed focus on the value of native title and the impacts of past extinguishment. Consent determinations also continued, with the landmark recognition of the Kaurna people’s native title over parts of Adelaide – marking the first time native title had been recognised over a capital city. This outcome was both symbolically and legally significant and encouraged other groups to pursue similar recognition in more settled areas. Anthropologists and other non-claimant experts increasingly played key roles in preparing connection material for both applicants and the State, reflecting the complexity and importance of robust evidentiary foundations. There was also a growing need to address native title over smaller or fragmented parcels of land, increasing the technical demands of claims. Alongside these legal developments, the role of PBCs became central. With determinations finalised, the practical work of implementing rights – managing future acts, developing agreements, supporting cultural projects, and navigating governance – moved to the forefront. SANTS and other
service providers redirected increasing resources to support PBCs in the post-determination environment. South Australia has seen significant progress in the resolution of native title claims over the past three decades, moving from early litigation to collaborative agreement-making and a wave of consent determinations. Today, native title has been recognised over more than 60% of the State, a testament to the perseverance of Aboriginal communities and the evolving approach of governments and stakeholders. Yet the native title journey is not over. Several claims remain active, including those by the Ngarrindjeri, First Nations of the South East, Peramangk, First Peoples of the River Murray and Mallee, Malyangapa, and others. Ongoing commitment and collaboration remain essential to finalise outstanding claims and to ensure that recognised rights are meaningfully implemented and upheld across South Australia.
Allan Wilson making spears on Country.
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Aboriginal Way Country, Culture, People.
Navigating native title through anthropology
Mr McCaul has a wealth of experience in the field.
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The Federal Court will recognise an Aboriginal group as native title holders if they can prove that their rights and interests have continued after the Crown asserted sovereignty over Australia in 1788. But how do they prove this? They prove this through the work of native title anthropologists. Anthropologists have the complex role of researching and demonstrating evidence of native title claimants and their unbroken connection to land and waters. Kym McCaul has over 25 years’ experience working as an anthropologist, with experience in the Crown Solicitor’s Office, Aboriginal Heritage Branch and as a consultant working directly with claim groups. Mr McCaul said there was always a society of Aboriginal people with laws and customs and that anthropologists need to explain how these relate to contemporary native title claim groups. “Anthropologists bring additional expertise by unpicking the unarticulated cultural values that sit behind what people say, for example the patterns you find when you speak to multiple people. Maybe they
are saying slightly different things, but there are key values encoded in the way people talk about certain things. That then allows you to come to opinions about values and beliefs, what we call native title laws and customs, that are shared right across the community.” Living on Country is a strong argument for claimants proving their connection, but it’s not the only factor in securing native title, as demonstrated by the Yandruwandha Yawarrawarrka people. “Even though Yandruwandha Yawarrawarrka people are spread out, I don’t think there was any generation where people didn’t go back to Innnamincka or other parts of the Country. There are certain stories that were maintained about Country, dreaming stories and family history stories. When you do 15 interviews, you realise that everybody has the same kind of way of talking about the Country, their connection to it, and things that they should or shouldn’t do when they’re on Country. You realise that they all share the same values, the same rules, the same normative practices. That’s one aspect of the connection that was maintained.” Anthropologists compare these interviews with historical literature through native title connection reports, which are reviewed by the state and a stateappointed anthropologist. But the situation becomes more complicated if there are overlapping claims of native title, which occurs when two or more native title applications cover the same area. “If it goes to trial, Aboriginal witnesses must give evidence and I may give evidence, then it’s up to the judge to decide. No matter where you work as an anthropologist, your duty is to the court rather than to the party that engages you, which I find very good as a model, because it means I can just say things as I see it.” In an ideal scenario, native title claims are reached by consent. To avoid a trial, overlapping claimants can resolve the issue by reaching an agreement between opposing native title groups and the State, leading to both groups holding native title in overlap areas between otherwise exclusively held lands. “When people get a positive determination of native title, it feels like a small piece of resolving historic injustices. And it’s not just for the people, it’s also for the Ancestors. It’s recognising the Ancestors who were dispossessed, murdered, removed, often without any recognition of their humanity. It’s recognising them as human beings with rights in this Country and owners of the land.”
South Australian Native Title Services Arabana Rangers Gordon Warren and Philip Stuart on Country, 2025.
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Aboriginal Way Country, Culture, People.
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Timeline of Native Title in South Australia
1992
1993
1994
Mabo decision in the High Court.
Native Title Act passed.
Aboriginal Legal Rights Movement (ALRM) becomes native title representative body for South Australia, except for APY and Maralinga Lands.
South Australian Native Title Services
1994
1995
1996
1998
1999
2000
Native Title Act (NTA) comes into effect, National Native Title Tribunal established.
Indigenous Land Corporation (ILC) established.
Wik decision means native title can coexist with other land interests.
Major amendments to the NTA create registration test, Indigenous Land Use Agreement (ILUA), key role of Federal Court in processing claims.
Statewide ILUA process commences.
ALRM is native title representative body for all South Australia. The Native Title Unit manages native title business in the ALRM.
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Aboriginal Way Country, Culture, People.
northeRn territory
de rose hill
SOUTH australia
2005 De Rose Hill first determination – litigated.
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20 05
De Rose HilL
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South Australian Native Title Services
Aboriginal Way Country, Culture, People.
De Rose HillIlpalka Aboriginal Corporation A first for native title in South Australia De Rose Hill was a landmark early test case in South Australian native title law.
2005 De Rose Hill first determination – litigated.
The De Rose Hill determination came from a native title claim filed on 9 December 1994 by 12 Yankunytatjara, Pitjantjatjara and Antikirinya people to the Federal Court for a determination of native title on behalf of themselves and other Nguraritja people. The native title claim was over 1,865 square kilometres of land adjacent to the Aṉangu Pitjantjatjara Aboriginal (APY) freehold lands in far north-western South Australia. The land was subject to three perpetual pastoral leases that had been granted at various times and were collectively known as De Rose Hill Station. The De Rose Hill claim was heard over 68 days from June 2001 to February 2002 by a single judge of the Federal Court of Australia, Justice O’Loughlin. On 1 November 2002, Justice O’Loughlin delivered his judgement, refusing the claim. His Honour stated that the claimants had failed to prove a continuous link to the land and therefore lacked a sufficient connection to be recognised as its Traditional Owners. The Traditional Owners had all left the station property, with Mr 24
Court proceedings on Country. Peter De Rose giving evidence.
De Rose Hill was the first recognition of native title in South Australia by the Federal Court of Australia in 2005, when the Nguraritja people (traditional custodians or owners) of the Western Desert successfully proved their continuous spiritual and physical connection to a far north-west pastoral lease. The claim, which began in 1994, was originally refused in 2002, but won on appeal three years later. The pastoral lease used as a cattle station is now managed by the De Rose Hill-Ilpalka Aboriginal Corporation (DRHIAC). The Nguraritja people hold non-exclusive rights to use and enjoy the land and waters in accordance with traditional law and custom. Peter De Rose the last to leave in 1978. This led to an appeal, with the Full Federal Court of Australia calling for extra submissions around connection to country. In the 2005 appeal, the initial decision was overturned by the Full Federal Court, sustaining that the wrong test for connection had been applied at the 2002 trial. Justices Wilcox, Sackville and Merkel held that the trial judge had placed too much importance on the claimant’s physical absence from the area. They concluded this was caused by their need to seek work to make a living, alongside the pastoralists’ active attempts to exclude them from their traditional lands through intimidation. The Federal Court’s decision on the 8 June 2005, found that lead claimant Peter De Rose had passed through ceremonial Western Desert law and was bound by the rules of the Country. The evidence showed that he, and others who regarded themselves as Nguraritja, had nonexclusive rights over the area. The judgement shows that native title was extinguished in the area only when dams, airstrips, sheds and houses were constructed through the development of the pastoral leases. Native title rights were found not to exist over these areas where exclusive use was necessary for the enjoyment of these improvements. The determination recognised the non-exclusive rights and interests held by Nguraritja including the right to hunt, gather and use the natural resources and
water resources in line with traditional rights, but does not include commercial use. The then National Native Title Tribunal Deputy President Chris Sumner said at the time that the finding on the De Rose Hill pastoral station was a pivotal point in SA’s native title progress and would help speed up claims in other parts of the state. “Parties can now negotiate with greater certainty about other South Australian claims,” Mr Sumner said. “The Tribunal’s preference is to resolve disputes over land and waters through mediation – where Indigenous people, industry and governments can talk about the claims and work out a negotiated result.” From their claim lodgement in 1994 to determination in 2005, the Traditional Owners took part in 679 days of hearing, including 27 days on Country hearings with site visits to Inyata, Kantja, De Rose Homestead, Wipa and Papa Itari. The De Rose Hill determination came 13 years after the landmark Mabo High Court decision made history recognising the rights Indigenous peoples had possessed over their land for thousands of years and overturning the myth of terra nullius, or “land belonging to no one”. Following the De Rose Hill determination, South Australian native title claimants and other parties including the state government, resources industry, pastoral industry, local government and fishing industry began engaging in plans
South Australian Native Title Services
Visit our website here – www.derosehill.org.au
The gate reopened and so did our access; we got our native title rights back for the people” – Rex Tjami, Chair of the De Rose Hill-Ilpalka Aboriginal Corporation. to establish broad sectional agreements in the form of Indigenous land use agreements (now known as ILUA’s). The greater certainty provided by the De Rose Hill determination and desire to avoid further litigation, led to a coordinated whole of state approach to negotiating native title. This became known as the South Australian Native Title Resolution process and brought together native title groups with other key land and water owners and interests to negotiate native title and non-native title outcomes. A confidential compensation settlement between De Rose Hill native title holders and State Government was reached in 2013 around the loss of land and damage to sacred sites before native title was granted. This was also a first in SA – the first time a court had ordered a payment of compensation for the extinguishment or impairment of native title rights and interests, something DRHIAC Chairperson (at the time) Karina Lester said was a challenging, but significant achievement for the state. “We were in unchartered waters, and we did not know how it would pan out, this meant open communication between parties, especially overcoming the language barriers, and we thank the State for its cooperation for what was at times a challenging process,” said Ms Lester,
following the settlement. Lead claimant Peter De Rose said that getting to a compensation determination was a better experience than the 10-year fight for native title recognition. “Looking back on the journey for us to achieve native title, the claim took so long, and it was often difficult, so the claim for compensation was a short time for us and we thank them [the State] for recognising our dreamtime stories and our spiritual connections to our land,” he said. The group’s lawyer, Michael Pagsanjan, explained more about the compensation at the time. “There’s a number of levels that the rights and interests can be damaged. It can be damaged on a practical level where an act might affect a physical site, it might have gone over a grave site or a site which was previously prevalent for the gathering of bush tucker or it might be spiritual,” he said. “This [compensation] is significant to my clients who are required to do a lot to manage their native title rights and interests without any financial capacity whatsoever and this perhaps is one step in the right direction towards self-sufficiency.” The current main aim of DRHIAC is to maintain and strengthen Nguraritja culture. The group’s involvement in various projects and partnerships help
them enjoy and protect their native title rights and interests. They collaborate with the pastoralist in the region, government agencies and non-government organisations to protect cultural heritage, influence local developments and build the capacity of DRHIAC and its members to achieve social, cultural and economic outcomes. The group held a cultural camp in 2024, have partnered with Rio Tinto for mining exploration, are involved in cultural heritage mapping, oral history recording and Country planning. Looking back over the long journey, DRHIAC Chair Rex Tjami is proud to see how far the group has come. “The gate reopened and so did our access; we got our native title rights back for the people,” he said, as he spoke about their Healthy Country Plan, and the Strategic Plan their Board is now working on for the next five years, which will include planning for future cultural burns and fencing for rock holes. The group also plans to speak with the Commonwealth about funding for a ranger program. “We can go back to Country now and teach our young people about it; show them how to clean the rock holes and look after Country,” said Mr Tjami. “They’ll be able to see what we’ve left for them.” 25
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Trevor Adamson and Murray George dance Inma in Marla.
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Whiskey Tjukangku, Keith Minunga, Peter Mungkuri, Peter Jones and Sammy Wilson.
Yankunytjatjara first consent determination.
Yankunytjatjara Native Title Aboriginal Corporation On 28 August 2006, the Federal Court of Australia formally recognised the native title rights of the Yankunytjatjara people over the north-west of South Australia. This landmark decision marked the first native title determination reached by consent in the state.
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The determination spans more than 18,000 square kilometres and includes the town of Marla, under an Indigenous Land Use Agreement (ILUA), as well as parts of seven pastoral leases including, Todmorden, Lambina, Welbourn Hill, Wintinna, Evelyn Downs, Arckaringa-Coorikiana, and Allandale. The recognition came nearly a decade after the original native title claim was lodged in 1997 by 19 Yankunytjatjara families, representing around 1,300 individuals. The claim was resolved through a negotiated agreement involving the State Government and local landholders, setting a precedent for cooperative resolution of native title in the region.
The court acknowledged the group’s non-exclusive rights to access, use, and protect culturally significant sites across the determination area, in accordance with traditional laws and customs. The Yankunytjatjara Native Title Aboriginal Corporation (YNTAC) now holds and manages these rights on behalf of the Traditional Owners. YNTAC plays an active role in preserving cultural heritage, engaging with pastoralists and government agencies, and shaping local development. The organisation also focuses on building the capacity of its members to achieve lasting social, cultural, and economic outcomes. In 2024, YNTAC held a cultural camp
L-R: Debra Walkabout, Antjala Robin, Kanakiya Tjanyari and Nola Kayipi. The consent determination was held at Marla. L-R: Harry Charles, Whiskey Tjukangau, Huey Cullinan, Keith Minunga, Peter Mungkuri, Alec Baker. Bardy McFarlane (NNTT), Huey Cullinan, Whiskey Tjukangau, Peter De Rose.
at IIlintjitjara, 20 kilometres north of Iwantja/Indulkana in the APY Lands. The event was held in collaboration with the De Rose Hill-Ilpalka Aboriginal Corporation and Tjayuwara Unmuru Aboriginal Corporation. The camp offered a rare opportunity for native title members to share cultural stories, paint, carve, weave, perform inma, and cook malu (kangaroo) over hot coals. Cultural camps are an important way for Traditional Owners to practice and pass on their culture to future generations. YNTAC Deputy Chair Rex Tjami said the camp was a meaningful time for Elders to “bring back memories and to teach the young people.”
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Visit our website here – www.yntac.org
“Members have been weaving and making the spears, showing the young people, and sitting around the fire talking about way back, in between and now – so we’re looking at the future. “We’ve got three groups from native title here: De Rose Hill, Tjayuwara Unmuru and Yankunytjatjara… native title comes in blocks but we’re all Aṉangu (people), and there were no boundaries before, so it’s good for three native title groups to get together.” “Sitting by the fire last was nice with everyone – it’s nice being out of the city life. As soon as I see that windmill (near Marla), I know I’m going home. It’s a nice feeling,” said Nikischa Singer, YNTAC Chair. 29
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2008 South Australian Native Title Services (SANTS) becomes the native title service provider for greater SA in July.
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Darryl Doolan performs Inma after consent determination with other Traditional Owners.
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Aboriginal Way Country, Culture, People.
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Group of Irrwanyere native title holders following their determination.
In 2008, a number of separate and overlapping native title claims were determined over the Witjira National Park in the far north of South Australia. This was made possible with the Wangkangurru / Yarluyandi and Eringa claim groups agreeing to work together through independent mediation and joint negotiations with the State Government.
2008 11 September 2008. Irrwanyere determined.
On the 11 September 2008, Justice Lander made three determinations to recognise the claimants non-exclusive native title rights over 7,770kms of the Witjira National Park and the Mount Dare commercial lease. The determination settled all the Irrwanyere Mt Dare claim (filed in 2005) and parts of the two separate Eringa claims (filed in 1996 and 1999) and a Wangkangurru / Yarluyandi (WY) claim (filed in 1997). A co-management agreement over the National Park was also renegotiated. The Federal Court hearing was held on Country in Witjira NP at Dalhousie Springs, which is an oasis on the western edge of the Simpson Desert in the far
...getting that final determination and settlement was a very joyous occasion ,” – Paul Ah Chee. 32
north of South Australia. The Dalhousie Springs complex is of great cultural significance and was placed on the National Heritage List in 2009 for its exceptional natural value and outstanding heritage significance. The determination was historic as the first to recognise native title over a national park in South Australia. It was also the first involving overlapping and shared Traditional Owner interests on Country and the culmination of long deliberations amongst the claimants. “I’m extremely proud of the work and the time it took to actually get to that determination,” said Irrwanyere Aboriginal Corporation (IAC) current Chairperson, Christine Doolan. “2008 was a really important year because the claimants who started it all were still alive and could be there for our determination. It showed the fight of people like my beautiful grandfather, Tjamu Brownie [Doolan], who I’m so proud of. He knew the Country he was close to, and he managed to support everyone back then, even in his 90’s.” Ms Doolan said that the determination demonstrated that there is a growing awareness of Traditional Owners of Country and what that means. “It showed that the world is now appreciating our traditional Country and not just Australia as a whole,” she said. “It’s also important for the family and the community to have that established as proof that we are the Traditional Owners of that land.” The Irrwanyere determinations took over a decade to resolve including three
years of that time spent in National Native Title Tribunal (NNTT) mediation. The determinations were also the first time that there had been a preservation of evidence hearing in South Australia. The evidence provided in this process by the late Brownie Doolan was vital to the success of the determinations. As an existing lease to the Irrwanyere Aboriginal Corporation (IAC) covered most of the determination areas and the IAC was made up of members of each of the claim groups, it was agreed that the IAC would assume responsibility for each of the claims in the overlap area. The overlap between the claims, mainly over the national park, was one issue dealt with in mediation, with a partnership for co-management of the national park and an Indigenous Land Use Agreement (ILUA) included in negotiations in the lead up to the consent determination. The ILUA set out how rights could be exercised in the national park and acknowledged a separate comanagement agreement between the State and IAC. Whilst the Irrwanyere claim may sound like a short timeframe compared to some of the other claim groups, Elder Paul Ah Chee said that overall, it was still quite a journey to reach. “It took a long period of time in relation to going through the whole process of getting joint management and connecting with Country, so getting that final determination and settlement was a very joyous occasion,” Mr Ah Chee said.
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The resolution made history as the first to recognise the existence of native title over a national park in South Australia.
National Native Title Tribunal Deputy President Chris Sumner at the time said that 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. “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. The IAC and the Witjira National Park Co-Management Board remain active in looking after Country and culture. This has included reintroducing cultural burning in Witjira NP and various cultural heritage management initiatives. During September 2024, IAC worked with the SA Museum to return an ancestor to Country. The repatriation took place at Witjira National Park with Raymond Finn, family members of the deceased Mr Cowell, Witjira National Park Cultural Ranger Dean Ah Chee and
a representative from the SA Museum. The Board is now considering developing traditional protocols to support reburials into the future. A new project has also recently been signed off after nearly five years of discussions for a Telstra tower to be erected. “Having WiFi out there on Country will really help with communication for people in the area or travelling through and to help get tourists out there in the future too,” Ms Doolan said, indicating that it was worth building relationships with the Telecom to pursue the project. “With Telstra there was a lot of negotiation. But you’ve got to remember when talking about companies that they are made up of people too. So the co-management group was able to form relationships with Telstra. At the end of the day it’s about the land, the people and what it means to people.” In December 2011, further consent determinations were made in respect of additional overlapping areas of Eringa and Wangkangurru / Yarluyandi claims to the south of Witjira NP with IAC appointed as the PBC. 33
Aboriginal Way Country, Culture, People.
2009-2011 Adnyamathanha determination.
Native title Part 2 – Changing Tides Leading up to 2009 there were many outstanding claims for resolution. We had seen success in claims in the northern parts of the State, for the Yankunyjatjara, Antakirinja, and Eringa and Wangkangurru Yarluyandi.
Kalaya emu inma (dance) at Ilintjitjara near the Aṉangu Pitjantjatjara Yankunytjatjara Lands.
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Resolving claims via consent determination was now becoming prioritised over focusing on sector-based ILUA’s (i.e., pastoral; minerals exploration etc). Aside from De Rose Hill, all prior to this were resolved through negotiations. The amendments to the Native Title Act 1993 (Cth) in 1998 introduced Indigenous Land Use Agreements and a strategy was developed around this opportunity. The strategy introduced claimants to respondent parties allowing the parties, including the State, to talk about their issues in a themed and structured manner and to identify what needed to be considered in understanding the relationships between the people and the native title rights and interests of claimants. Those discussions were
foundational for moving forward towards resolving native title claims. From 2009, there was a shift in focus for the settlement of claims from negotiating agreements to implementing the consent determination policy of the State. There were many factors influencing this change in focus. The first half of 2009 saw the determination made in Adnyamathanha No 1 v The State of South Australia (No 2) [2009] FCA 359 on 30 March 2009. In 2011, Lennon on behalf of the Antakirinja Matu-Yankunytjatjara v The State of South Australia [2011] FCA 474 on 11 May was determined. These determinations were over large areas of the State, again in the north and over large areas of land and tenure types.
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By the start of 2011, the parties to native title claims had gained significant experience that facilitates the consideration of the native title questions. The respondent parties and their legal representatives had the benefit of building relationships and understanding the interests of native title holders. What followed is the steady settlement of claims by consent. The successful determination for the First Peoples of the River Murray and Mallee Region in 2011 in the State’s east and along the River Murray continued to expand our understanding of what was possible in reaching agreement to settle native title claims. At the same time, Gawler Ranges claim in the State’s west were also
pursuing a consent determination on the Eyre Peninsula. First Peoples of the River Murray and Mallee Region and Gawler Ranges are further south and include settled areas of the State. With these determinations; progress is made and other groups are encouraged by such decisions. There is a growing confidence that determination can be achieved. After 2011, there is a steady flow of determinations each year as consent determinations are made. The timeline of determinations before and after this period demonstrates the increase in experience with which the stakeholders and respondent parties were engaging with each other and the length of time to prepare connection evidence and consider issues regarding extinguishing events continued to improve.
Alongside other significant determinations, Barngarla determination in January 2015 (only the second native title claim following a trial to be recognised in SA [after De Rose Hill]) was also influential on future decisions. The Barngarla determination was significant as it covered large areas of the Eyre Peninsula, including the regional townships of Port Lincoln, Whyalla and (eventually) parts of the township of Port Augusta. The following decade saw a steady stream of determinations reached, including the first - and still only recognition of native title over a capital city, with more groups encouraged by these crucial consent determinations.
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Vince Coulthard speaks at the Adnyamathanha consent determination.
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Aboriginal Way Country, Culture, People.
Adnyamathanha receive recognition of their continued connection in court.
2009 Adnyamathanha determination.
Adnyamathanha Traditional Lands Association Aboriginal Corporation For generations the Adnyamathanha people have maintained a deep connection to their ancestral lands in the Flinders Ranges of South Australia.
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On 30 March 2009, Justice Mansfield made three consent determinations recognising the rights and interests of the Adnyamathanha People covering 41,085sq km of land in and around the Flinders Ranges. The determinations also resolved a claim over the 918sq km of the Flinders Ranges National Park and another claim over 367sq km Angepena pastoral lease. This was the fourth native title determination in South Australia, following De Rose Hill in 2005, Yankunytjatjara/Antakirinja in 2006 and Witjira National Park in 2008. Adnyamathanha’s journey to native title recognition involved research and
documentation of traditional laws, customs and continued connection to the land. The legal process required Adnyamathanha people to provide extensive evidence, including oral histories anthropological reports and geological records. One notable instance was the detailed documentation of the Wilpena Pound story, a significant creation narrative tied to the land. Elders recounted how two giant snakes formed in Wilpena Pound’s walls, a story deeply embedded in their cultural identity and land management practice. This narrative, presented as evidence
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for their native title claim, illustrated their ongoing spiritual connection to the area. Another example is the mapping of traditional water sources and trade routes with Adnyamathanha demonstrating their traditional knowledge by identifying and explaining the significance of various springs, creeks and pathways used for generations. This evidence showed their practical and sustained use of the land, reinforcing their claim of continuous connection. The detailed knowledge of the Arkaroo rock art site showcased ancient Adnyamathanha stories and symbols, and was crucial in providing their cultural heritage and land stewardship. Furthermore, the Adnyamathanha people presented evidence of their continued practice of traditional ceremonies and rituals on land. They documented specific sites where ceremonies were still performed, demonstrating the ongoing vitality of their cultural traditions. This included the Yura Mada ceremonies, which are integral to maintaining social cohesion and connection to Ancestors. These examples, among many others, formed a compelling case that ultimately led to the recognition of their native title rights, ensuring the protection of their cultural heritage and empowering their community.
Moieties Adnyamathanha society is divided into two parts, called moieties. These moieties are Mathari and Ararru. Every person in Adnyamathanha society has a moiety. The moiety is passed down from mother to child, so you’d be in the same moiety as your mother, and her mother. Your father, by law, would be the opposite moiety to your mother – and thus opposite to you. A person’s moiety determines all important aspects of their lives, including who they can marry, the knowledge they can possess and how they interact with others in society. Adnyamathanha moiety and kinship also includes Ancestors and people who have passed away.
NAWNTAC – a mutual determination On 14 December 2018, the Adnyamathanha People were also involved in a further determation made jointly with Wilyakali and Ngadjuri claimants were resolved in a joint determination of native title rights over an area in the mid north of South Australia. Following a joint determination in Orroroo, the Ngadjuri Adnyamathanha Wilyakali Native Title Aboriginal Corporation (NAWNTAC) was established to manage their shared affairs. The overlap claim spans an area of 16,400 square kilometres, with representatives for Adnyamathanha,
Wilyakali and Ngadjuri working together for group outcomes.
Flinders Ranges World Heritage Nomination In June 2025 the SA Department for Environment and Water (DEW) facilitated an Adnyamathanha common law holders’ meeting, where they asked for consent to be given in regards to the Flinders Ranges being assessed for World Heritage status. If consent is given, then the SA Government will submit documentation to the UNESCO World Heritage Centre for assessment. Once assessed, the Adnyamathanha common law holders will be asked to provide their final consent on World Heritage. If the common law holders’ do not give their consent, the documentation will not be submitted to the UNESCO World Heritage Centre.
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19 December 2011. Gawler Ranges consent determination.
Antakirinja Matu-Yankunytjatjara consent determination.
First Peoples of the River Murray & Mallee Region consent determination.
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Eringa consent determination.
Antakirinja Matu-Yankunytjatjara, First Peoples of the River Murray & Mallee Region, Eringa & Gawler Ranges
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RMMAC ranger Glenn Chisholm surveying Country.
First Peoples of the River Murray & Mallee Region
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Aboriginal Way Country, Culture, People.
River Murray and Mallee Aboriginal Corporation – River Country and beyond The First People’s of the River Murray and Mallee are represented in the native title framework by the River Murray and Mallee Aboriginal Corporation (RMMAC), established in November 2011 after years of advocacy by the various groups who have inhabited these lands.
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First Peoples of the River Murray & Mallee Region consent determination.
The recognised area includes 260 square kilometres of land and water in the SA Riverland region, in areas of the Murray River around Renmark, Berri, Barmera, Waikerie and Morgan. Their native title application was first lodged in 1998 and was the first successful native title claim in the southern region of South Australia. RMMAC is actively engaged with educating the next generation about their cultural connections to land and water through school programs, community events and hands on-activities. A point of pride for RMMAC has been the establishment of their working office located in the township of Berri, providing a base for Board meetings and operations. Having a physical space to operate from has allowed further engagement with members of the general public who are interested in RMMAC and their operations. This space is also utilised for meetings with working groups, service providers and other stakeholders that are necessary for their day-to-day workflow. 42
Maintaining water connection RMMAC is exploring ways to take a more active role in managing the region’s water resources, including through research and monitoring water ways and water usage. Accessing and understanding the legal and policy frameworks around water rights and management is a key priority for the group going forward. This includes work with the Murray Darling Basin Authority (MDBA) which has helped foster further relationships and connection. RRMAC also has a Memorandum of Understanding (MOU) with the Berri Barmera Council and co-manage Barmera Lake. Due to the interconnected nature of Australia’s water supply, RMMAC have consulted with various water programs across the nation but are looking for greater change in policy to enable better water rights for Aboriginal people. Vice chair and business support officer, Sheryl Giles, has been involved in RMMAC’s operations since the 2011 determination.
First Peoples of the River Murray & Mallee Region
We know the water, we know our stories connected to water but having to state that same case over and over gets a bit tiring for the Elders,” Ms Giles said.
piece of paper on the wall to match it to be able to put a good case across.”
Media relations RMMAC has been building working relationships with media outlets, government agencies and other organisations through their board to raise awareness and advocate for their interests. Being located next door to WIN TV and within close proximity of Riverland ABC has also been productive for RMMAC. This allows a two-way street of access for the PBC and media teams alike when stories need to be shared. “Instead of standing back, we actually introduce ourselves, we say hey, I work for RMMAC - this is what we do,” Ms Giles said. “If there’s a community event held down the river, I tell them, you go down and introduce yourself; so not only waiting for them to come to us - we go to them. “They walk in and say any good news stories? They don’t just wait for the negative ones.”
Looking back, moving forward Like many groups that seek to have their ongoing connection to Country recognised, the past decades have been a constant process of learning for the First People’s of the River Murray and Mallee region. “I wish we knew back then what we know now. There are laws we didn’t know, which we know now. There’s legal terms too. We know now there’s boundaries that were moved that we didn’t then. Key networks we wish we had back then. We weren’t known back then but now we’re getting our name visible, which has been a journey in itself,” Ms Giles said. “It’s been slow and hard I’m not going to lie. The key is knowing why you’re sitting here. We’re not sitting here for ourselves. We’re sitting at a board for the community. That’s key. Know who you’re fighting for - they voted us on here. It actually is a privilege and an honour that they trust you enough to speak on behalf of them.”
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“We don’t want the same arguments in the future. We want new voices and policies that are alive, like you’ve got multiple Acts over one river system. How does that work when the Acts are so stagnant? A stagnant Act to look after living water does not work. “Locally we start with the First People’s working group to set up waterway assessments. That’s showing our young ones too. Your connection is here. This is what was along the water that’s no longer here.” Alongside traditional knowledges and practices, Sheryl would like to see the next generation hitting the books to ensure they can best advocate for First Nations water rights in future. “We don’t know enough about the water space when it comes to the different Acts. So I’d like to see our young ones becoming lawyers so they can start reading the Acts - we don’t know enough about that side. We know everything culturally in our community. We know what we know, but we don’t have the
Justice Mansfield presiding over RMMAC’s determination.
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Aboriginal Way Country, Culture, People.
Antakirinja Matu-Yankunytjatjara Aboriginal Corporation The Antakirinja MatuYankunytjatjara claim group, first lodged their native title claim on 14 November 1995.
2011 Antakirinja Traditional Owners at consent determination.
AMYAC have agreements with several critical mining and pastoral leases on their Country.
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Following a lengthy claims process,’ the Antakirinja Matu-Yankunytjatjara (AMY) people were granted their native title determination in May 2011. The applicants were Bill Lennon Snr, Ian Crombie, David Brown, Joseph Lennon Snr, Keith Smith and Jean Wood. Antakirinja Matu-Yankunytjatjara (AMYAC) had several complexities to deal with, namely 20 pastoral leases, the District Council of Coober Pedy, two opal mining associations, National Parks and Wildlife Services and the State Government, in addition to a large number of other companies involved in the resources industry. With the assistance of the National Native Title Tribunal and its presiding members and staff, AMYAC was able to make a number of key agreements with many of the stakeholders in the region, including 16 Pastoral Leases, Tallaringa Conservation Park, and the Kanku Breakaways, an iconic area of natural beauty. More recently, the State and AMYAC made an agreement in relation to the
Coober Pedy Precious Stones Field and are in the process of negotiating a “Whole of Claim” agreement, which will see all of the issues related to the Coober Pedy township and other matters resolved. AMYAC has concluded numerous agreements with the resources industry for both mineral and petroleum exploration and production, as well as in relation to the Coober Pedy Hybrid Renewable Energy Project. With the determination of native title, the special role of the applicants came to an end in May 2011 and the responsibility for managing the native title rights and interests of the Antakirinja MatuYankunytjatjara native title holders fell to the board of AMYAC, the Directors being elected at Annual General Meetings in accordance with the AMYAC Rule Book. Many Antakirinja Matu-Yankunytjatjara people call Coober Pedy home, the centre of their Munda (Country), amongst 78,000 square km of recognised land starting at the Gawler Ranges and stretching almost to Oodnadatta.
Antakirinja Matu-Yankunytjatjara
AMYAC also co-manage the breathtaking Kanku-Breakaways National Park, often referred to simply as the Breakaways, a 14,300-hectare national park, home to nearly 60 different species of native plants and an abundance of wildlife. The Kanku Breakaways hold great cultural and spiritual significance to Antakirinja Matu Yankunytjatjara people, with much of their Tjukurpa, an Aṉangu concept representing a complex system of law, spirituality and creation stories. Co-management is shared by AMYAC, the District Council of Coober Pedy and Department for Environment and Water (DEW), forming the Kanku Breakaways co-management board. This arrangement has been in place since 2013, with the entire park listed as a registered Aboriginal site under the Aboriginal Heritage Act. Much of the land within AMYAC’s native title designation contains significant mineral deposits now tied up in mining, including OZ Mineral’s Prominent Hill Mine, CU River’s Cairn Hill Mine, SIMEC’s Peculiar Knob Mine, Challenger Mine, and Tarcoola and Western Plains Group. In working with the resource sector, AMYAC has constantly pushed for ongoing employment opportunities for their people to help retain young people in the area. AMYAC members can face barriers when it comes to employment and training participation, with geographical, social, economic and historic factors especially affecting prospective retention rates on Country. Retention is an ongoing drive for the PBC, with mentoring support and bolstered training initiatives flagged as key for maintaining their business so management of Country can continue into the future. To further the potential for future commercial enterprise for AMYAC members, a number of companies have been formed surrounding mining enterprises, such as A.M.Y Nominees Pty Ltd, AMY Environmental Services Pty Ltd, Aṉangu Mining Pty Ltd and Stony Desert Mining Services Pty Lty , a joint venture company with Exact Contracting.
The joint venture is designed to protect AMYAC and the AMYAC Indigenous Community trust in case any of their enterprises were to fail or become non-compliant at law, while also enabling the workload to be shared between the two entities. There is a significant workload for elected members including Antakirinja Matu-Yankunytjatjara people have a significant workload containing PBC functions, an advisory council role for the AMYAC Indigenous Community trust and various commercial enterprise activities. As a result, they’ve established subsidiary companies and boards to assist with their day-to-day operations, with monthly reports from their business
development manager ensuring that the AMYAC board can keep in touch with all facets of operations. The AMYAC community trust was established in January 2010 and is currently being accessed by over 500 members of the AMYAC community, which as of 2019 had 883 members. The purpose of this trust is to help with community health, financial aid, education funding, cultural heritage promotion and more. Specific examples of this financial strategy in place include the BHP Scholarship Program, Ngangkari assistance programs for hospitals, the region’s Wi-Fi program and payment programs for Elders in the community.
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Leader to leader relationship building between Antakirinja Traditional Owners and the State Government.
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Aboriginal Way Country, Culture, People.
WalkA WaNI ABORIGINAL CORPORATION
Standing L-R Brownie Doolan, Jeffrey Doolan, Dean Ah Chee, Keith Thomas, Edie King, Chief Justice Keane and Chris Sumner. Front L-R Lawyers Stephen Kenny and Andrew Beckworth.
A consent determination for Eringa claimants was delivered on the 13 December 2011.
2011 Eringa and Eringa No.2 consent determination.
At a Federal Court hearing at Bloods Creek near Mt Dare in the far north of South Australia, Chief Justice Pat Keane made the consent determination for the Eringa claim to recognise the claimants nonexclusive native title rights and interests. The determinations (Eringa Non-Overlap) covered some 14,000 square kilometres of pastoral leases, including all or parts of Hamilton, Macumba, Crown Point, Mt Sarah and Tieyon Stations. The Walka Wani Aboriginal Corporation (WWAC) was established on 11 November 2011 to administer land on behalf of the Eringa native title holders. At the time of the Eringa determination, further consent determinations were made to finalise all the remaining applications of the Eringa people including the overlapping claims with Wangkangurru/Yarluyandi. Native title holder Marilyn Ah Chee celebrated the determination by singing and dancing on Country and remembering those who started the native title claim process more than 15 years before. 46
“It’s been a long time coming and we have lost a lot of family along the way, people who have been instrumental in driving us forward and for their guidance I am thankful,” she said on the day of the determination. Ms Ah Chee gave special mention to Brownie Doolan, Binji Lowe and Emily Churchill for their personal guidance to reach the point of determination. “If it wasn’t for their knowledge and support, we wouldn’t be here today, I feel privileged to be a part of the process and I speak on behalf of all the people,” she said. “It is important that we celebrate our achievements together and remember those who started us on this journey.” Former SANTS CEO Parry Agius said at the time that 2011 had proved to be a positive and memorable year for native title. “The successful determinations illustrate a commitment by all parties to the native title process and how hard work, and careful negotiation can result in favourable outcomes,” he said at
the determination. “There have been some significant developments in native title in South Australia this year and the determinations today are a further example of what can be achieved when all those involved work together in a supportive and cooperative manner. In conjunction with the consent determinations, the SA Government and the Eringa claimants entered into ILUAs with pastoral lease holders in the area regarding the co-existence of native title and pastoral lease activities. Ms Ah Chee said at the time that the process of establishing the Walka Wani PBC to deal with all future native title business might be a struggle at first, but it would be worth it in the long run to get the community involved. “As a community we want to get people involved … People can learn from those who are leading, just like we have learned from our Elders in the past. We may have to fit into the mold, but we can do it our way because we have good
South Australian Native Title Services
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The claimants after the consent determination. Brownie Doolan and Chief Justice Keane. Dean Ah Chee with Chris Sumner.
leaders among us.” National Native Title Tribunal Deputy President at the time Chris Sumner said that the consent determinations are an example of what can be achieved when all those involved work together. “All the parties involved in the process leading to today’s outcome are to be congratulated for their willingness to work together to resolve the applications and reach agreement about how they will work together.” SANTS Principal Legal Officer, Andrew Beckworth, who appeared for the Eringa claim groups at the hearing said it was an extremely positive time for native title in SA and congratulated the claimants on their determination. “It has been a privilege to work with these communities over the last 10 years and I look forward to working with Walka Wani...to ensure that the native title holders are able to fully enjoy the exercise of their native title rights and interests and pursue their economic, social and cultural aspirations,” Mr
Beckworth said. The groups have made the most of pursuing those aspirations and their access to Country since then, as WWAC Chair Rex Tjami explained. “We’ve got our Healthy Country Plan and we’re working on our Strategic Plan for the next 5 years; we’re looking at future cultural burnings and fencing for rock holes. We’re speaking to the Commonwealth about ranger programs,” he said. “We’ve been going back to Country with our young people to teach them how to care for it; teaching them how to clean the rock holes and things like that.” Mr Tjami said that the most important thing for him was knowing that future generations would have the safeguard of native title recognition that could not be taken away from them. “We got our native title access back for our children and our children’s children,” he said. “They will be able to go out onto Country and know their rights over it. Our kids will see what we left for them.” 47
Aboriginal Way Country, Culture, People.
2011 19 December 2011. Gawler Ranges consent determination.
Gawler Ranges
The Gawler Ranges consent determination was handed down on 19 December 2011, recognising native title over the Gawler Ranges. The determination came from a combined native title claim lodged in 1997 over approximately 34,000 square kilometres of pastoral land and national parks north of Wudinna in the Gawler Ranges and the Lake Gairdner National Park area of South Australia. 48
The Gawler Ranges Aboriginal Corporation (GRAC) was incorporated the same year and administers land on behalf of the Gawler Ranges People. Native title holder and Barngarla man Elliot McNamara said it was wonderful for Barngarla, Kokatha and Wirangu peoples to have their rights recognised after 14 years. “It’s quite a relief. I think it’s not only a relief to us Aboriginal people but it’s also a relief to the pastoralists as well,” he said. “It shows that native title can not only work for Aboriginal people, but it’s also there to work with non-Aboriginal people as well. It gives us significant say in what happens with developments and what happens in the Gawler Ranges area.” Judge Justice Mansfield reflected on the importance of the recognition on the day of the determination. The Gawler Ranges native title consent determination recognises the non-exclusive native title rights to access,
Gawler Ranges claimants at Lake Gairdner during negotiation meeting with the State Government. Elliot McNamara and Ken Smith. Bob Starkey with National Native Title Tribunal Deputy President Chris Sumner.
It is a very important occasion first for the Gawler Ranges people, because it represents a recognition by all of the Australian people of something they have always known: that they are the people of this Country,” Justice Mansfield said.
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gawler ranges
hunt, fish, camp, gather and use natural resources, undertake cultural activities, conduct ceremonies and meetings and protect places of cultural and religious significance. Traditional Owner Howard Richards (now deceased) noted that the Gawler Ranges was a place for many people throughout colonisation. “It was a place of refuge, a place of sanctuary,” he said. “The people would come back into the hills... They maintained that contact by hunting, camping, living and working here. Some are buried here.” The GRAC administers the Gawler Ranges program, focusing on managing land activities on 758,900 hectares within the native title area. The area also has many significant sites including three national parks; Gawler Ranges National Park, Lake Gairdner National Park and Lake Gillies Conservation Reserve and some thirty leases. 49
Aboriginal Way Country, Culture, People.
Today is probably one of the most comprehensive settlements of native title we’ve seen in South Australia so far,” SANTS lawyer Andrew Beckworth, who represented the group, said.
Bob Starkey presenting a gift to Michael McBride (Pastoralist, SA Farmers Federation).
2011 19 December 2011. Gawler Ranges consent determination.
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The Minister for Aboriginal Affairs and Reconciliation at the time, Paul Caica MP who attended the court hearing and signing ceremony at Paney Station in the Gawler Ranges National Park, spoke at the time about the complexities of the native title process. “The native title process in most people’s perspective takes a great deal of time and I understand that some frustrations occur over that period of time, but it is a complex issue and I am hopeful, given there has now been 11 native title determinations in South Australia, that a refinement of the process will occur naturally because of the experience that has been gained,” Mr Caica said. “We know that the peoples of this region have had a connection to this land from the beginning of time and that’s been maintained, but it has to be recognised under law and that means that they can play a legitimate role in the management of this land as recognised native title holders.”
Attorney-General at the time Nicola Roxon welcomed the native title decision after many years of negotiations. “I congratulate the Gawler Ranges people on this significant day,” Ms Roxon said. “Today’s determination is the culmination of a claim process begun by the Gawler Ranges people in 1997 and is a testament to their determination to maintain their culture and traditional relationship with their country.” Local Federal Member for Wakefield in 2011, Nick Champion agreed that the decision was a momentous step forward for the Gawler Ranges people. “The agreement recognises the Gawler Ranges people as the Traditional Owners of the land and includes rights to live on the area, share and exchange traditional natural resources, camp, hunt and fish and conduct ceremonies on the land and waters,” Mr Champion said.
South Australian Native Title Services
The Gawler Ranges claim group also signed an Indigenous Land Use Agreement (ILUA) with the SA Government in conjunction with their consent determination which settled compensation issues from their claim. Another three ILUA’s were entered into with the government in relation to national parks within the claim area. The agreements included co-management arrangements for the Gawler Ranges National Park and Lake Gairdner National Park. SA Native Title Services lawyer Andrew Beckworth, who represented the Gawler Ranges claim group, was satisfied with the outcome. “For the first time Aboriginal people from the Gawler Ranges will have a say about their Country and in particular, the national parks in the area. We now have three Aboriginal rangers in the Gawler Ranges National Park, and this will only improve the way these parks are managed.”
Gawler Ranges claimants at pastoral ILUA signing ceremony.
Their battle for that recognition has been a long one, some 14 years since the claim has started, and I am sure it is a battle that has left many scars.” 51
Aboriginal Way Country, Culture, People.
northeRn territory
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Dieri consent determination.
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Arabana consent determination.
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Vince Coulthard speaks at the Adnyamathanha.
South Australian Native Title Services
Dieri & Arabana
Justice Mansfield and lawyer Stephen Kenny with Dieri Aboriginal Corporation Chair (at the time) Shane Kemp.
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Aboriginal Way Country, Culture, People.
Visit our website here – www.dieri.org.au
The Dieri ABoriginal Corporation Sunrise Federal Court hearing at Marree Station.
2012 Dieri consent determination.
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The Dieri people are Traditional Owners of one of the largest native title areas in South Australia’s north-east. 54
The Dieri people fought for over 20 years to receive three native title determinations, including parts of Kati Thanda-Lake Eyre, Strzelecki Regional Reserve and the Cooper Basin. As the prescribed body corporate, the Dieri Aboriginal Corporation represents the rights and interests of Dieri people, with a commitment to protecting and preserving cultural heritage and building a strong and sustainable future for their community. On 1 May 2012, the Dieri people were granted native title over a significant part of the north-eastern region of South Australia. Their first determination covers 47,000 square kilometres, with part of its south-eastern boundary extending into the Strzelecki Regional Reserve and part of its western boundary extending into the Kati Thanda-Lake Eyre National Park. The town of Marree is just outside the south-west edge of the area. It’s mostly hot, dry desert Country, but sometimes water from the north-east flows into Kati Thanda. The area’s edges are partly marked by the Warburton and Frome Rivers. The Federal Court hearing was held on
Country at Marree Station and started at sunrise, a time of renewal and reflection for Dieri people. Frank Warren, Dieri Aboriginal Corporation’s chairperson at the time, said it was a great day for his people. “It took us years to get to where we are and it was very difficult, but we knew in the long term we would get here. Everyone is very pleased today about getting our native title. I don’t think much will change but it’s a big deal for the State Government and Federal Government to take notice that there are Dieri mobs around,” Mr Warren said. Native title holder and member of the Dieri Aboriginal Corporation, Paul Kemp, said the day was a big relief. “Native title is a difficult process…it frustrates a lot of people but today is history-making for our people and it’s a special day.”
Respectful negotiation with neighbours On 26 February 2014, the Dieri 2 native title claim was determined by Justice White at the Cooinda Club in Port Augusta. The area covers approximately five thousand square kilometres, including
Murnpeowie. “There are lots of important sites on Murnpeowie that are of great significance to the Dieri people. This is the reason that I am so happy that we have been able to sort out that overlap with neighbours and that we are here today for the consent determination. “I consider I was one of the lucky ones growing up on Murnpeowie. That’s where I began to walk, and Aunty Alice and Aunty Rene used to take good care of me. My life was great growing up there as a child in a humpy, a bush shed, which was near the main homestead.” “When I lived there, there were lots of people settled at the time, family, relatives and I know we have a strong spiritual connection to that Country, and I still feel it now.” “Many Dieri people put a lot of work into the consent determination, and I would like to acknowledge the work that they have done. Today, we can be proud,” Mr Warren said. The consent determinations recognise
the Dieri peoples non-exclusive native title rights to access, hunt, fish, camp and to gather and use the natural resources. They recognise the right to undertake cultural activities, conduct ceremonies and meetings, and protect places of cultural and religious significance on respective determined areas.
South Australian Native Title Services
parts of Murnpeowie Station, known as Mumpee. The Dieri 2 claim overlapped part of the Adnyamathanha No 1 Native Title Determination Application. Rather than going to trial, Dieri and the Adnyamathanha people entered a Memorandum of Understanding to share rights in certain areas. Justice White commended Dieri for reaching an agreement with Adnyamathanha. “Negotiations usually involve some give and take and a willingness to respect the views of others, and that’s what has occurred here. It is good that the Adnyamathanha and the Dieri peoples have reached agreement. They are to be congratulated,” he said. “Today instead of denying Aboriginal history and wishing for its destruction, the court makes a public statement in recognition of it and makes a public statement which will and should assist in its preservation,” said Justice White. Frank Warren recalled growing up on
Dieri native title fully recognised after 20 years On 28 September 2017, Justice Mansfield recognised Dieri’s native title rights and interests over 2,115 sq km on the eastern shores of Kati Thanda-Lake Eyre. Justice Mansfield said in his judgment: “As can be seen, the making of this determination concludes a series of claims made on behalf of the Dieri People, the first of which was commenced more than 20 years ago. The orders declare and recognise that native title exists, and always has existed, and that the Dieri People are native title holders in relation to the area in accordance with their traditional laws and customs.” “Although this is the third determination made in favour of the Dieri People, the boundaries between the land forming the subject of each determination area are immaterial as far as the traditional laws and customs of the Dieri People are concerned.” “The boundaries reflect the pragmatic procedural course in which the three claims have been made and resolved over time under the Act. Now viewed together, the three determination areas reflect the very large area of land with which the Dieri People have a connection in accordance with the traditional laws they acknowledge and the traditional customs they observe.”
The future of Dieri
Dieri native title holders celebrating on Country. Dieri people embracing each other at their determination ceremony.
The future of the Dieri Nation is best summarised by the following statement from the Board of The Dieri Aboriginal Corporation RNTBC: Our three native title determinations have helped us to be recognised as the native title holders of our Country. We have one of the largest geographical areas for native title in South Australia, so we have an important role of protecting and preserving our cultural heritage, land and waters. We’re also fostering healing and resilience to build a future where our culture remains strong, meaningful and alive. 55
Aboriginal Way Country, Culture, People.
For tens of thousands of years, the Arabana people have been the custodians of a vast and sacred stretch of land in what is now northern South Australia.
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Arabana Aboriginal Corporation 2012 Arabana consent determination.
From the shimmering expanse of Kati Thanda (Lake Eyre) to the red earth tracks of the outback, the Arabana peoples’ cultural connection to Country runs deep, carried through songlines, language and law. On January 16, 1998, Arabana claimants lodged their native title application, leading to a lengthy legal process that spanned nearly 14 years. That determination was officially recognised on 22 May 2012, when the Federal Court of Australia sat on Country at Finniss Springs to deliver its decision. The Federal Court formally recognised the Arabana people’s native title rights and interests over lands stretching approximately 68,823 square kilometres (slightly larger than the state of Tasmania) across an area from Marree in the southeast, up to Oodnadatta in the northwest, and Kati Thanda - Lake Eyre and the Wabma Kadarbu Mound Springs Conservation Park. It remains one of the largest native title determination areas in the state’s history. Since the determination, AAC have continued to care for their land and heritage, 56
strengthen cultural knowledge and lead initiatives that support sustainable futures shaped by Arabana values. AAC operates administratively from Arabana House in Port Augusta and have recently been engaged with operating ranger programs managing Arabana’s vast Country. They have been working on expanding the role of their ranger program, including securing fee-for-service environmental management contracts to supplement government funding. Additionally, AAC have been developing cultural camps and short-term accommodation facilities, enabling the Arabana community to reconnect with their traditional lands. One of the key focuses for Arabana rangers on Country is managing the Wabma Kadarbu Mound Springs and Finniss Springs, near the old Finniss Springs Aboriginal mission, located 50km south of Oodnadatta. They are actively involved in protecting sacred sites such as Kati Thanda and the unique mound springs that dot their country.
Native title is just a recognition that we were there, it doesn’t give us anything else and that’s a sad thing because years ago we all thought that being recognised would give us a lot more powers, but it doesn’t really,” Mr Wingfield said.
South Australian Native Title Services
Visit our website here – www.arabana.com.au Arabana Traditional Owners at Blanche Cup (supplied by Arabana Aboriginal Corporation).
In 2013, Lake Eyre was designated its Arabana name Kati Thanda, a significant site containing the world’s third largest known salt lake. Kati Thanda was recently awarded protection from public access at the request of AAC, in efforts to protect the site’s significant cultural significance. Arabana chair Bronwyn Dodd has been involved with AAC for the past five years, serving on the board and participating in various community teams and subcommittees prior to that. “The positive of native title is that while it’s not perfect, it does give us a standing point to do all this work on. Otherwise, we’d be having a very different fight, and we wouldn’t be focusing in on preserving our culture and providing opportunities for our people,” Ms Dodd said. “When you want to do business with blackfellas, I always say it’s over a cuppa and a yarn. That may not necessarily be how politicians work, but it is important that you do establish those relationships and that you build it in a relational way
that respects our way of being and the way that we want to get business done. “The board over the last five years have worked really hard on establishing governance, doing community consultation to understand what our community want us to deliver and finding funding for that. So not just relying on NIAA funding and going out and finding other grants that can help us really amplify the work that they do to preserve Country, culture and language.” My dad was part of that as well as a lot of my aunties, brothers, cousins… and our Old People who have enabled us a pathway forward and I think it’s now up to us to carry that forward.” Arabana Aboriginal Corporation director Glen Wingfield was present when the consent determination for his people was handed down and said at the time it was good to see it finally come to fruition. Mr Wingfield fondly recalls watching his Elders that worked for many years to witness the hand back of Country following their consent determination yet also noted that 13 years down the track the reality
hasn’t quite matched his initial optimism. “I’d just like to pay my respects to those poor Elders that passed away building this foundation for this community and their families. They passed away knowing that we would get this and thinking they thought we had a brighter future and we’re still working towards that,” Mr Wingfield said. “I just want to pay that respect to that and now young people need to come and get involved with community. I know that there’s lots of back and forth from people having a say about native title and PBCs, which just muddies the water and you can’t see straight. “Native title is just a recognition that we were there, it doesn’t give us anything else and that’s a sad thing because years ago we all thought that being recognised would give us a lot more powers, but it doesn’t really. “So if we get young people to come and sit down, learn the process moving forward and then hopefully we’ve got a clearer road to move into the future happier than what we are.” 57
Aboriginal Way Country, Culture, People.
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Tjayuwara Unmuru children on Country at CD.
Far West Coast consent determination.
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Tjayiwara Unmuru consent determination.
De Rose Hill compensation consent determination.
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Far West Coast & Tjayiwara Unmuru
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South Australian Native Title Services
Aboriginal Way Country, Culture, People.
Tjayiwara Unmuru’s Traditional Owners following their consent determination.
2013 16 July, 2013. Tjayiwara Unmuru consent determination.
Tjayuwara Unmuru Aboriginal Corporation The Tjayiwara Unmuru peoples native title rights over 4,500 square kilometres of pastoral lease land in central northern South Australia was first officially recognised in July 2013. The hearing was held next to a rocky outcrop on Mount Cavenagh Station, at a site called “Warura”. The determination area adjoins the earlier De Rose Hill native title claim, and land and waters include parts of Mount Cavenagh (or Ayers Range South) and Tieyon Stations. The native title claim group identify as Yankunytjatjara People, and the Tjayuwara Unmuru Aboriginal 60
Corporation (TUAC) administers land on behalf of the Tjayiwara Unmuru peoples. The Tjayiwara Unmuru claim was unique in that it only took three years to resolve, rather than the decade plus of other determinations. Mary Tjaruwa Anderson, who was Chair of TUAC at the time of determination, compared this with the long journey it took for De Rose Hill. “This claim was much easier than the De Rose Hill native title claim, and it goes to show how easy a native title claim can be when you have pastoralists who are willing to share the land with Anaŋu,” she said. The group’s lawyer, Michael Pagsanjan, said the speedy settlement was due to an agreed expedited procedure for providing evidence that built upon
previously accepted evidence. “Native title applications are notoriously long, expensive and unnecessarily complex. That, however, was not the case in this matter,” he said. “The negotiations did not rely on the usual onerous requirement to submit a native title report prepared by an anthropologist. Instead, the application relied on identifying evidence of ‘connection’ that had been provided to the State in other matters and the collection of further statements from native title holders to resolve any issues that were in dispute.” In late 2017, compensation was awarded to Tjayiwara Unmuru by the South Australian Government for extinguishment of native title over a road
corridor of the Stuart Highway in the State’s far north, which was excluded from their 2013 native title determination due to government development on the land. The compensation also included land where a digital radio concentrator (DRC) tower now stands. The claim group membership substantially mirrors that of the earlier De Rose Hill native title claim, with the applicant and the State relying on the extensive evidence given in that matter, in addition to further anthropological evidence to substantiate connection to the particular area. TUAC Lawyer at the time, Osker Linde, said that it was a complex negotiation for all involved. “The compensation case was a complicated one, because the evidence was largely restricted men’s evidence. It had never been written down by anyone, and no ethnographic information was available to substantiate the evidence prior to conducting field work with the compensation claim group in 2013.” “For this reason, we commissioned an independent anthropological report, undertaken by Associate Professor Jon Willis, who himself has been through western desert law ceremonies. The State got their own anthropologist to test the veracity of the claimant evidence” he said. During the negotiations over the claim, the Nguraritja (Traditional Owners) provided the State with testimony about the impact of the extinguishment. The Tjyiwara Unmuru People said that the Stuart Highway caused irreversible
damage to the cultural landscape and to practices, laws and customs. They also said that the DRC tower was built in a sacred area Mr Linde says that the State accepted the evidence of the Traditional Owners and both sides worked to resolve the claim through agreement. “In the end, the State did not challenge the evidence of the claim group that the relevant act being compensated did relate to the law that the men were describing,” he said. “The claimant group and the State both made significant compromises to reach a mutually agreeable settlement of the issue. The amount of compensation paid remains confidential. Both the State and the Tjayiwara Unmuru People asked the Court for this information to be suppressed. Justice White told the Court that the order for suppression was appropriate given the policy of the Native Title Act to encourage the resolution of matters by agreement, and that this being an
early compensation case, the parties had conducted their negotiations on the basis of an expectation of confidentiality. “At least when our Elders pass on, they can with ease in knowing their children and relatives and the future generations will be recognised as Traditional Owners of this land,” said Ms Anderson. TUAC is dedicated to maintaining and strengthening Nguraritja culture and protecting their members native title rights and interests. They work with pastoralists, both government and non-government organisations to protect cultural heritage, influence local development and strengthen the capacity of both the corporation and its members to achieve meaningful social, cultural and economic outcomes. They held a cultural camp in 2024, have worked with Rio Tinto on mining exploration and a carbon farming project with RegenCo. They’re currently focused on cultural heritage mapping, oral history recording and Country planning.
South Australian Native Title Services
Today I stand here with pride… It is not our land back in full, but at least we will be recognised as the Traditional Owners of Tjayiwara and Unmuru and that’s all that matters, at least when our elders pass on, they can with ease in knowing their children and relatives and the future generations will be recognised as Traditional Owners of this land.” Mary Tjaruwa Anderson, Chair of TUAC at the time of determination
Tjayiwara Unmuru
Visit our website here – www.tuac.org.au
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Setting up bush court on Country at Warura.
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Aboriginal Way Country, Culture, People.
Far West Coast Aboriginal Corporation The Far West Coast Aboriginal Corporation is responsible for the largest native title determination in South Australia, covering nearly 80,000 square kilometres across the Far West Coast region.
2013 Far West Coast consent determination.
FWC community gathers on Country for the hearing.
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The Far West Coast stretches from Border Village across the coast to Streaky Bay, then north up to Tarcoola, sweeping across the Trans-Australian Railway to the Western Australian border. It includes towns and places such as Ceduna, Thevenard, Koonibba, Denial Bay, Smoky Bay, Penong, Fowlers Bay, Nundroo, Coorabie and Nullarbor. Several overlapping native title claims in the region were replaced by a single claim to give recognition of native title rights to those living Aboriginal people who are descendants of registered Kokatha, Mirning, and Wirangu apical ancestors. If recognised by these native title holders, native title rights are also given to those Aboriginal people born within the determination area who have gained traditional knowledge of its land and waters, or to those Aboriginal people who have responsibility for
FWC native title claimants and witnesses on Country.
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Tjukurpa (Dreaming) and sites within the determination area. After an 18-year battle for recognition, the Kokatha, Mirning and Wirangu people were recognised as the native title holders by the Federal Court hearing at Lake Pidinga on 5 December 2013. Justice Mansfield recognised their rights to access, hunt, fish, camp, gather and use natural resources, carry out cultural activities, conduct ceremonies and meetings, and protect culturally and spiritually significant places. “It has given us greater control over our land and communities for future generations. It also provides credibility and respect in the business world and with governments, helping preserve our culture and land in accordance with our traditional laws and practices.” The Far West Coast Aboriginal Corporation RNTBC is governed by a board of 12 directors, comprising two representatives each from the Kokatha people, the Mirning people and the Wirangu people, as well as the Maralinga Tjarutja people, the Yalata people and the descendants of Edward/Ted Roberts. This governance structure, as outlined in its Rule Book, expands on the claim group description of the Far West Coast Native Title Claim Group. Native title applicant and FWCAC director Clem Lawrie reflected: “On the Far West Coast, we’re all family. I was one of the main people who helped bring everyone together. I took over from my Dad when he passed in 1996, and for us it’s not about economic gain – it’s about looking after Country.” He added: “One of the things we’ve long sought recognition for is the sea areas. There are caravans, campers, truckers – many treating the coastline like a free campground. But it’s a wilderness protection
Our people have fought and worked hard for a long time for this recognition,” said Basil Coleman, then chairperson of the Far West Coast Aboriginal Corporation.
area that holds great environmental and cultural significance. That’s what I’ve been fighting for the past 30 years.” In March 2016, the Far West Coast Sea Claim was filed by Leonard Miller Snr, Oscar Richards Snr, Allan Haseldine, Clem Lawrie, Penong Miller, James Peel and Arthur Catsambalas, seeking native title over the sea area adjacent to the land determination. The matter is still before the Court. To build on the rights gained through native title, the Far West Coast Aboriginal Corporation (FWCAC) leads a group of Aboriginal-owned entities focused
on community wellbeing, economic development and cultural preservation. These include the Far West Coast Aboriginal Community Charitable Trust (FWCACCT), Far West Coast Investments Pty Ltd (FWCI) and Far West Mining & Civil Pty Ltd (FWM&C). Established with funds from a mining agreement with Iluka Resources, the FWCACCT provides essential support to community members, assisting with medical needs, education, funerals, cultural activities and more. The trust is locally managed by FWCAC to ensure communitydriven and accessible financial support. FWCI serves as the group’s economic engine, founded in 2010 to focus on economic development, business opportunities and managing the trust. Its operations include a commercial property investment in Ceduna – the building is home to FWCAC and FWCI – and currently has five office spaces rented to other agencies. In 2010, FWCI founded FWMC,
South Australian Native Title Services
Visit our website here – www.farwestcoastaboriginalcorp.org.au
a machinery hire company servicing the mining and civil sectors, which now operates debt-free. Another commercial activity is the Cedrent Enterprises vehicle hire joint venture based in Adelaide. April Lawrie, Far West Coast Aboriginal Corporation investments director, said: “Our families, our Country and our culture give us strength. Our grandparents taught us to take pride in our identity, to respect our elders, and to care for the land and waters that sustain us. Today, we honour their legacy by passing on their wisdom, protecting our traditions, and ensuring that future generations understand the deep connection we share with our Country and each other.” Together, these entities represent a model of Aboriginal economic selfdetermination, ensuring the benefits of native title recognition are translated into lasting social, cultural and economic outcomes for Far West Coast Aboriginal people. 63
Aboriginal Way Country, Culture, People.
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Wangkangurru/ Yarluyandi consent determination.
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Kokatha consent determination.
Adnyamathanha, consent determination.
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Dieri No.2 consent determination.
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Adnyamathanha, Dieri, Kokatha & Wangkangurru/Yarluyandi
Wangkangurru Yarluyandi signage to show people whose Country they are travelling on.
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Aboriginal Way Country, Culture, People.
Wangkangurru Yarluyandi Aboriginal Corporation The Wangkangurru Yarluyandi Native Title Claim was determined on 3rd October, 2014 in Birdsville, 16 years after the application was first filed on the 21 August, 1997. The determined area covers approximately 79,600 square km of land. Wangkangurru Yarluyandi
2014
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3 October 2014. Wangkangurru/ Yarluyandi consent determination.
The Wangkangurru/Yarluyandi determination includes roughly 60,600 square km in far north/north-east South Australia that encompasses the MungaThirri-Simpson Desert National Park and parts of the Birdsville Track. The remaining area is predominantly made up of land held under pastoral lease and 19,000 square km in south-western Queensland, including some 10,000 square km of the Munga-Thirri National Park (QLD) with its remarkable sand dunes, and the township of Birdsville. The Wangkanguru Yarluyandi Aboriginal Corporation (WYAC) was appointed as the Prescribed Body Corporate to hold the native title on trust for the Wangkangurru Yarluyandi People. Wangkangurru Elder Don Rowlands OAM found it quite emotional to finally get to the point of legal recognition after nearly 20 years. Two significant documents were 66
also signed at the Birdsville Consent Determination by the South Australian Government and the Wangkangurru Yarluyandi people – a Settlement Indigenous Land Use Agreement and Parks Indigenous Land Use Agreement that recognises the rights of the traditional owners over land, including parks within the South Australian part of the determination area. Aboriginal Affairs Minister at the time Ian Hunter reflected on the historic occasion. “Today’s decision is an acknowledgement of an important part of our nation’s history,” said Minister Hunter on the day of determination. “The native title determination recognises that the Wangkangurru Yarluyandi people have had an ongoing connection with this land, which has been their spiritual and physical home long before European settlement in Australia.
Wangkangurru Yarluyandi consent determination in Birdsville.
I will forever call to mind the judge’s decision to recognise my people as Traditional Owners,” Wangkangurru Elder Don Rowlands OAM.
Important customs and knowledge in relation to the land have been passed down through generations and are retained by people today.” Despite the painful experience of having his connection challenged during the journey to reach native title recognition, Mr Rowlands remained committed to preserving and honouring his heritage. “My connection to the land is profound and unbreakable, and I will continue to advocate for our rights and recognition,” he said. “It is all about my family, my kids, grandkids and great grandkids, it has always been about them - I want to leave my legacy for their future; it is their birth right. I am deeply grateful for the support of those who stood by me during this challenging time. Together, we will ensure that our traditions endure and that our stories are told for generations to come.”
As part of the native title ceremony, ancestral remains were repatriated to the Wangkangurru Yarluyandi people for proper burial. Graves were dug for the remains of two men whose bones were taken from the area in the 1930’s for the South Australian and Queensland museums. Traditional Owner Raymond Finn said as part of the ceremony at Pelican Point “we are celebrating the life of the two men and bringing them home,” he said. Mr Rowland said it is important to remember that many generations have connection to the land. “For me one of the most important things is that we recognise the generations of the pioneer families, and I can mention the Brook family here, to understand that we all have deep connection to the country and to appreciate that we all care for this land.” Mr Rowlands went on to discuss the
After fighting so long, there were times when I thought it was not going to happen, so when the day came, it was a bit surreal and of course, very significant for us and all the families involved. People getting up to receive their copy of the determination was certainly a highlight,” he said at the determination.
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excitement the community was feeling about the future. “It is time to get to work and keep an eye on the country and the mining developments. We will be on the ball and ready to negotiate collectively and plan wisely for our future.” The WYAC and its members have since been involved in many projects relating to their country and culture. The current featured projects are: Interpretive signage in Birdsville o An initiative to help describe the area from the view of the Wangkangurru Yarluyandi people. o Signage was installed on the Birdsville Track and throughout Wangkangurru Yarluyandi native title land describing key features of the area. o The signage highlights native title boundaries and features a description of Wangkangurru Yarluyandi people and culture and historic events that have taken place. ‘Welcome to Country’ road signage at key locations in South Australia and Queensland o Wangkangurru Yarluyandi signage depicting whose country people are travelling through. o Signage identifying Wangkangurru Yarluyandi country and native title boundaries installed at key centres in SA and Qld. o Signage installed throughout Wangkangurru Yarluyandi country highlighting native title boundaries. o Signage on the Birdsville track and highlighting entry to Wangkangurru Yarluyandi country. 67
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Kokatha Aboriginal Corporation After an 18-year legal battle, the Kokatha people were formally recognised on 1 September as the Traditional Owners of nearly 34,000 square kilometres in South Australia’s north-west.
The consent determination was held at a claypan on Andamooka Station. Kokatha people celebrating their determination.
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The native title determination, delivered at Andamooka Station by Chief Justice Allsop, covers areas stretching between Lake Gairdner and Lake Torrens – including Olympic Dam and Roxby Downs. Lodged in 1996, the claim involved complex negotiations, overlapping interests, and years of advocacy from Elders, marking a landmark moment for the Kokatha people and South Australia. Andrew Starkey, Applicant and former Chair of the Kokatha Aboriginal Corporation (KAC), said the moment would live on for generations. “Today is very special for Kokatha people. It will be remembered by Kokatha people present today and by future generations as the day we were finally recognised as the Traditional Owners of a very culturally significant part of the Australian landscape,” he said. “My brother and I were lucky enough to have been mentored by a senior lawman from the Western Desert who was responsible for the return of Uluru. He told us you need three things to make a community function as a true tribe; you 68
need your people, your law and land. Today with the granting of the Kokatha consent determination we are again a true tribe.” Applicant Joyleen Thomas reflected on the moment’s emotional significance and honoured Elders involved in the journey. “Today is a joyous day for Kokatha, a day for celebration and rejoicing, however we have lost many of our precious Old People along the way. They fought the good fight for their Country but the journey was too long. We thank them for their contribution.” She also paid tribute to Mabo and other native title groups who paved the way for legal recognition. “Without Eddie Mabo’s strength and vision, we would not be here celebrating our own milestone. I also pay tribute to the De Rose Hill claim, to the Yankunytatjara people, our kin, who fought with dignity through a litigation process, for the respect and recognition of their law and connection to Country.” As well as the native title determination, the Kokatha people, represented by KAC, entered into an
historic Indigenous Land Use Agreement. The South Australian Government said the agreement would provide “certainty” around land use in the region, as well as native title agreements over specific future opal mining operations at Andamooka and future operations associated with the Olympic Dam mine. Ian Hunter, South Australia’s acting Attorney-General at the time, said the case was one of the most complex in the state’s history. “This settlement will resolve longstanding federal court proceedings, create certainty around tenure and land access issues and resolve the state’s compensation liability arising under the Native Title Act,” he said. “It is anticipated these benefits will assist the Kokatha to become key players in the economic, social and cultural development of this region.” The Kokatha people also secured three major pastoral leases – Roxby Downs, Purple Downs, and Andamooka Station – for the lifespan of the Olympic Dam mine, expected to operate for
another 200 years. These leases play a key role in community development and employment. The Kokatha Pastoral Company now manages the three leases, employing Kokatha workers and rotating them through all aspects of station work – from fence repairs to managing wild dogs.
KAC’s challenges and achievements post-determination Statements provided by the KAC Board The native title determination took over 20 years, and it was a hard-fought battle for our Elders. Many have passed away since the journey began, and we acknowledge their contribution – without them, we wouldn’t be where we are today. But recognition brought with it a whole new set of challenges. We had to shift from fighting for our rights to transitioning into putting that recognition into motion, which was not easy. Building resilience and leadership within Kokatha has been a critical foundation for stepping up to these challenges. That strength is now reflected in how we run our corporation. The opportunities that come with native title also meant we had to
grow rapidly to keep up with the pace of development in our region. The establishment of our commercial entities has been one of our key milestones. Now, the time has come to expand further to ensure continued benefits for our people. At the same time, the constant need to keep up with the demands of a western economic system has been an ongoing pressure. It’s taken up a lot of our time and energy, but we’ve met that challenge head-on.
Supporting members and building a sustainable structure We’re proud of the level of support we provide to our members – it’s something we’ve always prioritised, perhaps more than many other groups in South Australia. Our commitment has always been to put our people first. But it’s important to recognise that maintaining this level of support means we must also continue to reinvest in our own capacity. It’s a constant balancing act – meeting immediate community needs while ensuring we’re building something strong and sustainable for the long term. KAC’s goal is not just to treat poverty, but to generate real wealth and
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opportunity for our people. That’s what self-determination means to us.
Looking to the future Right now, we’re at a stage of expanding our foundations in preparation for another period of drastic growth. The finalisation of our Strategic Plan in 2025 is a key focus, and through it, we’ll build on the foundational pillars laid down by past boards. We’re taking a holistic approach – one that considers our community’s needs, concerns, and opportunities – as we lay the groundwork for future generations. Managing competing priorities has become part of our everyday work, but that’s not a bad thing. We’re grateful to be entrusted with helping lead our community through this time. We don’t shy away from challenging situations – we face them head on, whether that’s dealing with government, large mining companies, or internal community pressures. Staying true to our cultural obligations is a top priority moving forward, just as it’s essential to acknowledge past traumas and give space for healing. At the same time, we’re continuing to build capacity to ensure we remain strong – one culture, one Country and one people. 69
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‘Padla Ngalungga Kinipapa’ light show at Innamincka (Cooper Creek, Our Country).
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Rob Singleton, Justice Murphy and Aaron Patterson at Tibooburra.
After decades of fighting, the Yandruwandha Yawarrawarrka people’s connection to their land and waters was formally recognised in two native title determinations across South Australia and Queensland.
2015 Yandruwandha Yawarrawarrka consent determination.
Recognition in South Australia On 16 December 2015, the Federal Court held a special hearing at Cullyamurra Waterhole, near Innamincka, to formally recognise the Yandruwandha Yawarrawarrka people as native title holders of approximately 40,000 square kilometres of land in the far northeast of South Australia. This decision came 20 years after lodging their initial application to the Federal Court. Justice Mansfield delivered his judgment to hundreds of claimants and guests, recognising the Yandruwandha Yawarrawarrka people’s enduring connection to their Country and their rights to camp, hunt, fish, collect natural resources, and conduct cultural practices. The determination covers seven pastoral leases, towns including Innamincka, and places of national historical significance associated with the ill-fated Burke and Wills expedition of the 1860s. Applicant Theresa Bottrell expressed deep emotion following the decision. 72
“To my family it means a lot, it just means that we have been recognised within the area, although we always knew we had connection with this Country, we just had to be recognised by the white man’s laws,” she said. Ms Bottrell noted the importance of the determination in building stronger relationships with pastoralists and mining companies, while acknowledging the long and often painful process that led to this point. “It was very difficult yes, a very difficult process, we had to see people sit and give their knowledge and their history of their family members that were lost and gone 60–100 years ago. It was very difficult for them to bring up their life history of what they lived out here and how they lived it, but at the end of the day, it’s all done for the best reason,” she said. Applicant Leslie J Harris recalled being asked 22 years prior by his uncle to fight for their land. “For me it is hard because I feel that the government should have done this a long time ago, but it is good that we have recognition now. It is still a
fight and a struggle for our people and the native title is one step forward,” he said.
Recognition in Queensland Nearly nine years later, on 3 July 2024, the Federal Court again recognised the Yandruwandha Yawarrawarrka people’s native title over 6,367 square kilometres in south-west Queensland. The area extends along the South Australian border from Omicron in the south to Cook’s Well in the north and includes parts of Cooper Creek near Nappa Merrie. This hearing took place in Tibooburra, New South Wales, after poor weather forced a last-minute relocation from the original site at Nappa Merrie. Despite the setback, Justice Murphy delivered a powerful judgment, acknowledging the people’s enduring connection to their land. “Despite dispossession from their Country by pastoralists, and more latterly by mining interests, the Yandruwandha Yawarrawarrka people have managed to maintain their culture and a deep connection to their Country. That is
taught them how to find bush tucker in and around Cooper Creek. They described how Aboriginal people go walkabout not because they are aimless, but because different parts of the Country are fruitful at different times of the year. They noted, “if you come back in four weeks the young pudhukani will be ripe and ready for eating.” For Lynette Naylor, returning to Country is deeply emotional. “My heart and soul will always be connected to Innamincka,” she said. “You know what brings us back is what we can afford, and it’s the most important thing in the world. We might live in different parts of Australia, but we are Aboriginal people connected to our homelands.”
Historic and cultural significance The Yandruwandha Yawarrawarrka people hold a significant place in Australian history, as it was through their land that Burke and Wills’ infamous expedition came to its fateful end in the 1860s. Seven of the 19 men travelling with Burke and Wills perished as they attempted to cross Australia from Melbourne to the Gulf of Carpentaria, and the remaining men would likely have died too if it was not for the Yandruwandha Yawarrawarrka people who came to their aid providing food, water and shelter.
The infamous ‘Dig Tree’ where the explorers buried supplies and some perished can be found within the 46,000 sq kilometres of land in Part A & B of the Yandruwandha Yawarrawarrka people’s’ determination area. YYTLOAC partnered with SANTS and Illuminart to bring lesser-known local perspectives of the Burke and Wills expedition to life through a light and sound installation at Innamincka’s AIM Building. Featuring artwork by Lionel Kerwin, the projection showcased stories from the Yandruwandha Yawarrawarrka people. The installation titled, ‘Padla Ngalungga Kinipapa’ (Cooper Creek, Our Country) ran in July 2022 and April 2024 with plans to share it again in the future. “We are very respectful of our land and waterholes and welcome all to our homelands. We hope you all enjoy the Padla Ngalungga Kinipapa experience and take away how important our Country and connection is to our people and our lives,” YYTLOAC Director, Teresa Gallo said. The project was supported by the Australian Government’s Heritage Grants program, which promotes recognition and preservation of national heritagelisted places. An audio tour is also in development to share Yandruwandha Yawarrawarrka stories of Kinipapa and the history of Innamincka, accessible via GPS for visitors year-round.
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a testament to their strength, their commitment and their love of Country.” This determination also recognised overlapping native title interests with the Wongkumara people. While both groups share certain geographical areas, their rights and interests remain separate and distinct. Rob Singleton, Chair of the Yandruwandha Yawarrawarrka Traditional Land Owners Aboriginal Corporation (YYTLOAC), noted the significance of the ruling. “The fact remains that the Yandruwandha Yawarrawarrka people are now recognised as Traditional Owners of land and waters in Queensland and can speak for our Country into the future, which greatly pleases our current group of Elders.” Elders Shirley Harris, Gloria Paterson, Lynette Naylor, Joyce Singleton and Julie Bird now live away from their traditional lands but maintain a strong and active connection to Country. While reflecting on her deep knowledge of the land, Gloria said, “Every Australian should be told about the food that’s in this Country, because it’s like walking into Woolworths. I know I would not starve between here and the great distance over there, because from the water to the gumtrees there is food – it’s like three different sections of one shop.” Gloria and her sister Shirley explained that their mother and grandmother
L-R: Elders Gloria Paterson, Shirley Harris, Lynette Naylor, Joyce Singleton and Julie Bird.
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Barngarla chair Jason Bilney speaking to reporters following the Kimba decision on nuclear waste dump.
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Barngarla claimants received their first recognition of native title from the Federal Court of Australia on 22 January 2015, following an extended process within the court system to have their rights recognised.
The nuclear waste dump appeal was popular amongst community.
Barngarla Determination Aboriginal Corporation 2016 Barngarla determination (litigated).
The Barngarla claims were split into separate components, with an application over the township of Port Augusta dealt with separately from the rest of BDAC’s application. On September 24, 2021, Barngarla were granted native title over the city of Port Augusta, joining onto their 44,000+ square kms of land originally recognised in 2018. This area had previously been entered into an Indigenous Land Use Agreement (ILUA), where BDAC consented to surrender their native title claim over portions of this land in agreed areas. In 2021, Justice Natalie Charlesworth made a positive determination in relation to the Port Augusta township, spanning around 80 kms, over the city and extending into the Spencer Gulf. These boundaries were amended to reflect an agreement reached with the Barngarla people.
in SA, spanning from multi-million dollar hydrogen prospectives, green iron projects in Whyalla, and a slate of renewable projects involving wind and solar propping up the nation’s energy sector. These projects provide Barngarla with the ability to negotiate with industry through the establishment of ILUA’s and extensive consultation for prospective and ongoing projects. Due to the vast renewable energy and resources facilities on their Country, a number of the state’s ILUA’s conducted over the last decade involved BDAC. Agreements with mining and utility companies can result in establishing future financial assets for Traditional Owner groups. Barngarla has also voiced strong opinions leading to reconsideration of industry developments on Country.
Expansive energy involvement
In July 2023, Barngarla were part of an appeal that stopped the development of a nuclear waste dump at Napandee,
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located 20 kms outside of Kimba on the Eyre Peninsula. Following an initially unsuccessful appeal to prevent the nuclear facility from going ahead, Justice Charlesworth upheld a complaint that former federal resources minister Keith Pitt had moved with apprehended bias in the decision-making process for the site. Napandee had been acquired as a storage facility for low and medium-level nuclear waste in November 2021. At the time, BDAC chair Jason Bilney wouldn’t have given up if the ruling had gone in favour of the government. He described the lengthy legal battle with the government as “draining” for Barngarla people but said they were happy with the court ruling. “It feels very tiring. The money could’ve been better spent on what the government spent on taking us to court. It could’ve been better spent for everyday Australians and the community, instead of taking First Nations people to court,” he said.
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We would’ve continued fighting. It’s taken us 21 years to win our native title, so we would’ve fought it for another 21 years,” Mr Bilney said.
“It’s about standing up and continuing the fight of our Old People. It’s very disrespectful to all government, to all people - not just us Barngarla.” BDAC deputy chair, Jonas Dare said Barngarla people had “unanimously” voted against storing nuclear waste at Kimba when given the opportunity. BDAC conducted an internal independent vote on the site to do an internal independent vote on the site - with 100% of those polled voting against it. “That’s what happens when you go about things the wrong way. When you don’t actually go to the people whose Country it is and don’t give them access to a vote,” Ms Dare said. “All of us knew we wanted to have a vote, how we would all vote wasn’t discussed in the community meetings and everyone still unanimously voted no.” Following the court’s determination BDAC’s legal counsel, Nick Llewellyn Jones, said the ruling “set a precedent” for Traditional Owners’ negotiations through the legal system.
“In this instance Barngarla have done that and done it exceptionally well and have effectively overturned a government decision to put a waste dump on their land they do not want,” Mr Jones said. “There’s so much work down in the native title system but it’s also important to understand that outside of the native title system Aboriginal groups have other rights to keep governments to account.”
Opposition to desalination Recently Barngarla have also been vocal in their opposition to the desalination plant being built at Billy Lights Point, located on the outskirts of Port Lincoln. Much of the proposed pipeline from this site rests on Barngarla’s determination area, with the Traditional Owner group concerned over the potential for significant fish trap sites to be disturbed. BDAC have flagged an alleged lack of comprehensive survey work done in the area to determine the impact on Aboriginal heritage sites associated with these traps. 77
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2017 Ngarrindjeri Part A determined in 2017.
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Part of the area claimed by the Ngarrindjeri Native Title Claim Group overlapped in the southern part of the claim area by the First Nations People. Darryl Sumner, Chairperson of the Ngarrindjeri Native Title Management Committee at the time spoke of the group’s long journey to native title recognition. “We started 25 years ago,” Mr Sumner said. The Ngarrindjeri determination area for Part A is approximately 7,173 square kilometres, located east of Adelaide, from Murray Bridge southwest to Cape Jervis and southeast almost to Tintinara where the outcome found that native title exists in parts of the determination area. The area is within five local government councils: Alexandrina Council, City of Victor Harbor, Coorong District Council, District Council of Yankalilla and the Rural City of Murray Bridge.
Agreement was reached for the terms of a native title determination to recognise the native title rights and interests held by the Ngarrindjeri People in relation to part of the land and waters of the determination area. The determination was handed down in a Federal Court hearing on the banks of the River Murray on 14 December 2017, with Justice Richard White noting that the court was making a “public statement which would assist in the preservation of (Ngarrindjeri) society and culture.” “Today marks the formal recognition of the traditional ownership, by the Ngarrindjeri people, of this land,” Justice White told the audience of around 100 people at the hearing. For Ngarrindjeri Aboriginal Corporation (NAC)’s Chairperson, Clyde Rigney Snr, that recognition in Australian law changed everything. “No-one can ever take native title away from us,” Mr Rigney Snr said.
The court’s orders do not have the effect of creating native title, instead they are a declaration that native title exists in the land and has always existed,” said Justice White. “All of a sudden, we’ve got a say with every activity that happens in our native title area, and we make it our business to be involved because it’s our country, it’s our home, it’s part of what we’re committed to,” he said. “It’s changed us by the fact that we can now do things for ourselves, by ourselves, for ourselves, and we can plan for the future of the next generation. And it’s not other people telling us what’s important for us; it’s about our lives and us taking control and wanting to make the most of our lives and the most of what’s going to happen in the lives of our next generations.” The Part A determination opened the door for the Ngarrindjeri community by changing the relationship they have with the wider community and has given them a voice to negotiate the way things are done, as Tim Hartman told Aboriginal Way in December 2020, when he was Interim CEO of the Ngarrindjeri Aboriginal Corporation. “One of the key exciting things about finally getting to the determination was the recognition that Ngarrindjeri have always had and always will have our connection to our Yarluwar-Ruwe, our sea country, and this recognition just validated what has always been our position; that Ngarrindjeri should be involved and should have a voice in what is occurring across Ngarrindjeri country,” Mr Hartman said. “As a native title body, a lot of our
areas of interest lie specifically around land, water, culture and heritage, so we try to ensure Ngarrindjeri values and interests around that heritage are being incorporated, respected and valued within the broader community. Ngarrindjeri need to and should be sitting at the table to participate in the decision-making around how the land is managed, how planning is undertaken and the decision-making processes moving forward.” The long road to reach native title recognition and defend their existence as a group is what Mr Rigney found the most challenging part of the process. “I guess you’ve got to be patient with the native title process and the gathering of information,” he said. “Then there’s the challenge of having to justify your existence, as a First Nations group that has been here for thousands of years. Those sorts of things challenge your wellbeing - who you are and where you belong. Those sorts of things can be devastating to a people that have been around for a long, long time. “We lost so many people who were involved in the development of committees and community groups and the development of the native title process for us – they never got to see native title.” The outcome of native title recognition has been worth it however, despite the length of time it took in Mr Rigney’s eyes, because of the opportunities it has afforded the group now and into the future. “I guess we got to the point where we now are a native title determined area. We have our PBC, we have people coming together, we have well over 300 members. We act for our 5,000 common law holders,” Mr Rigney said. “We’re committed to building
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relationships with all the local councillors, the water agencies in the area, the landscape boards and private sector businesses. It’s in our interest to get busy and get about doing the work that we need to do to create the opportunities that our next generations need. It’s not going to happen by chance. We have to get to work.” Mr Rigney specified the importance of staying in communication with people in the community so they can see you’re a leading voice in your area, not driven by government, but driven by the Traditional Owners of the land. This has led to many opportunities for the Ngarrindjeri people. “We’ve been working with different bodies around Healthy Country Healthy Planning. We’ve been involved in the healthy growing Healthy Basin programme working with The Living Murray program (TLM) and South Australian River Murray Regional Wetlands Fish Assessment around the Murray River and fish species within the riverways,” he said. “We’re involved in the Australian Research Centre with a seven-year project around the importance of our past, but more so our future and what our environment means to us; how can we be more involved in it and, also, how we want young people involved in academic fields to look in the future. So that’s a major project with an investment of over a hundred million dollars for those seven years. Seven other First Nations groups around the country are involved, though we’re currently the only SA PBC. We’re working with eight universities around the country to try to make a difference and get involved in the research. “To do that, you have to be involved in the conversations; you have to be in the right place, and you have to make yourself available.” 81
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Uncle Moogy in 2019 performing at Survival Day rally .
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The Kaurna people outside the Federal Court after their historic win.
2018 Kaurna consent determination.
Adelaide is the only capital city in Australia with native title rights over it following the Kaurna people’s historic Federal Court victory in 2018.
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The Kaurna Yerta Aboriginal Corporation (KYAC) was appointed by the Kaurna community in March 2018 to represent the rights and interests of Kaurna people, the traditional custodians of the Adelaide Plains. The claim area spans approximately 3468 sq km and was the first positive determination of native title over a capital city area since the establishment of the Native Title Act in 1993. The judgement was issued by Justice Mortimer and confers native title rights in 17 parcels of land from Lower Light to Myponga, including Adelaide’s coastline and hills region, 18 years after their claim was first lodged. She said that the determination was possible due to the goodwill and hard work of all parties involved and that evidence presented to the court gave a credible and rational basis from which to settle the claim. “This has been a long time in the making” Justice Mortimer said. “To see any native title claim determination pass takes fortitude, determination and courage.”
After handing down her decision, Justice Mortimer presented the determination document to Kaurna Elder Uncle Lewis O’Brien.
Only native title over capital city Kaurna is set apart by the distinction of being the only Traditional Owner group to hold native title rights over a capital city to date. Kaurna’s native title rights in Adelaide provide a platform for greater involvement in decision-making processes related to land management, cultural heritage and development. This empowers them to protect significant sites, promote cultural awareness and contribute to the city’s identity. Their native title rights in Adelaide provide a platform for greater involvement in decision-making processes related to land management, cultural heritage.
Purrkanaitya In April 2025, construction began on the
long-awaited Aboriginal Elders Village, ‘Purrkanaitya’, following decades of consultation and red tape. Located at Bedford Park on Kaurna land, the project is set to house Elders in a culturally respectful way to ensure quality care for Aboriginal community members. The project is slated to take around 14 months, with the facility offering Elders the opportunity to live independently on Country in affordable, safe and secure community housing. Purrkanaitya is designed to address the ever-increasing Aboriginal aged community, though life expectancy is only gradually rising for First Nations, the number of people living into later stages of their life has increased. Accessible and inclusive design features included for the facility include stepless and bathroom grabrails to enable residents with mobility issues to ‘age in place’, along with communal areas and culturally significant outdoor firepits. The build of Purrkanaitya is expected to be completed around halfway through 2026.
Kaurna Elder Madge Wanganeen worked with the SA Museum and described the process as both an “overwhelming and beautiful” experience. “At times when I do the wrapping it becomes overwhelming, but it’s extended now into the community,” Madge said. Kaurna have also travelled extensively around the world to return Ancestors that have been taken and displayed by museums including Dresden Museum (May 2024), and Fowler Museum at UCLA California (July 2024). Kaurna Elders Jeffrey Newchurch and Major Moogy Sumner have led this effort and have worked to increase these institution’s understanding of the significance of having Kaurna and other Aboriginal groups people properly laid to rest.
These visits often involved ceremonies conducted at the location of these institutions which showcased traditional Kaurna practices, attended by general community members and museum representatives.
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The journey has been hard for us Kaurna people, so it’s important to know we’re being recognised – Wangayarta brings us to everybody.” - Madge Wanganeen
Repatriation at Wangayarta: Kaurna have led several groundbreaking repatriation efforts at Wangayarta, a repatriation site at Smithfield Memorial Park, returning Ancestors to rest on four occasions, including large-scale efforts in December 2021, June 2022 and December 2023. During these ceremonies Ancestors were returned from disturbed burial sites in the eastern suburbs of Adelaide, which had been held under the custodianship of the SA Museum since the late 1800s and 20th century. These repatriation efforts utilise pioneering Kaurna methods to return Ancestors from museums and universities more-widely.
Uncle Jeffrey Newchurch and Major Moogy Sumner at the first Kaurna reburial at Wangayarta,12 December 2023.
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2019 Port Germein and Districts Hall during the Part A determination on Nukunu Country.
23 years after filing, Nukunu had their first native title determination (Nukunu Part A) recognised by the Federal Court of Australia on Country at the Port Germein and Districts Hall on 17 June 2019.
Port Germein and Districts Hall during the Part A determination on Nukunu Country. Justice Charlesworth and Lindsay Thomas.
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The claim was originally made by James Alexander Bramfield, Margaret Elizabeth Smith, Douglas John Graham, Lindsay John Thomas and Rosalie Elizabeth Turner. The Court split the claim area into two parts, declaring that Nukunu people had an ongoing connection to Country from settlement in the Part A area of approximately 15,000 km extending into the waters of the Spencer Gulf. “We didn’t have overlap over Part A, but with Part B there was an overlap with Barngarla [and Kokatha],” said Nukunu representative Jared Thomas, who presented evidence in court as part of the case. “So, in order to progress, the decision was made to work on Part A so that we could get the determination of that area. For many years we were in the process of fighting for native title, so it was a huge relief to get recognition of part A. Then once Part A was recognised, Part B was determined.” As part of the determinations the Nukunu people nominated their prescribed body corporate, the Nukunu Wapma
Thura Aboriginal Corporation (NWTAC), incorporated in 2019, to represent the rights and interests of all Nukunu people. “Reaching native title recognition is one of the most important events in Nukunu history,” said NWTAC Chair, Travis Thomas. “To have agency over Country and self-determination to access and carry out our cultural obligations on and around it; to be able to do that in as close as possible to the traditional ways has not been something Nukunu could do without these additional right and interests being granted. So, it has become a great enabler to have Nukunu able to have a say over our Country and to reconnect with the protections afforded by native title. “Overall, Nukunu felt a sense of relief, pride and happiness at the granting of native title, which gives recognition that has long been overdue to Nukunu and their Country. And although there may be flaws with the native title system, it’s still the most significant benefit and enabler to the Nukunu people in their lifetime.”
The Part A determined area includes Mount Remarkable, (Warkalitya), and the towns of Red Hill, Crystal Brook, Gladstone, Jamestown, Laura, Port Pirie, Port Germein, Booleroo Centre, Baroota, Melrose and Quorn. To begin the historic court hearing for Part A at Port Germein, Nukunu Elder John Turner spoke about his Country and people before European settlement. “Before colonisation, my people had laws. They had ceremonial traditions, they had language, and they had knowledge of customs and survival, social rules and kinship obligations,” he said. “Today’s living Nukunu carry in our veins the blood of our ancestors. The stories we were told were ancient, as they connected us to our Ancestors and the land. We are real, we are here and today we welcome you to our land.” In delivering her judgement on Nukunu’s native title in the Federal Court, Justice Charlesworth spoke about the historical connection of Nukunu people with the area and the reasons for the loss of connection with one part of the total claim area. “That first contact would have occurred sometime in the 1840’s, and from then European settlement and expansion in this area spread out from Crystal Brook, swiftly and with devastating consequences for the Traditional Owners,” Justice Charlesworth said. “Around that time in the late 1840’s, 1850 or thereabouts, it was estimated that Nukunu society might have comprised about 3,000 members, and it’s understood that it is consisted of eight or more matrilineal clans.” One of the original claimants in the Nukunu native title application, Rose Turner (now deceased), spoke about the long native title process after being presented with the written court decision. “It’s been a long battle; I’ve been a named claimant since the jump off,” Ms Turner said.
Native title means we’ve now got a seat at the table in terms of talking about things that will happen on our Country.” – Jared Thomas
“This brother of mine nominated me at a community meeting to be one of the named claimants, and it’s been a long, hard battle. It’s not just been with government, it’s been with mining companies, oil companies, them wanting to put a nuclear facility up here. But hopefully this will put us in a better position to negotiate with interested parties.” Outside the hall following the hearing, Nukunu Elder and claimant Lindsay Thomas spoke to local media about what the day meant for him. “It’s just a happy day for me. It’s a relief that the stress is all gone,” Mr Thomas said. “It’s been such a long, long fight, and yes, we got there in the end. We never thought we was going to because we are such a small group. And yes, I’m as happy as hell to tell you the truth. Yes. I’m not quite showing it, but inside you get to think on what we went through to get here. It’s just a long time and a big part of
my life. But now it’s worth it. I’m still young enough to enjoy my Country here.” Mr Thomas also reflected on what the determination means for the next generation of Nukunu people. “It means a whole new thing for them because they did understand the actual native title fight and what it meant,” said Mr Thomas. “Along with the Elders, they went through the hard times; their grandparents and great uncles dying and things like that. That means a great deal to them now because they know that they’ve got control of their destination. And we will encourage others as the older Nukunu, we will encourage them all the way.”
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Nukunu Area 2 Unresolved areas from the Part A claim were finalised in the Nukunu Area 2 determination on 3 February 2022. This time, the judgement was
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2019 delivered via teleconference, due to restrictions in place at the time due to the Covid-19 pandemic. The Area 2 determination covered an area of approximately 923 square kilometres, including half the eastern part of Port Augusta City Council area, Wami Kata, Mundallio, Stirling North, Winninowie, Miranda and a section of the Spencer Gulf coastline. The Federal Court ruled out the Kokatha No.3 claim, and a successful mediation between Barngarla and Nukunu resulted in a shift of boundaries and progress towards consent determinations for both groups.
Looking back Jared Thomas said he was proud of the knowledge his Ancestors had retained over the years, which led to this outcome. “I just had this really incredible pride in my Elders, in terms of how they were sharing and retaining their knowledge,” he said. “After providing native title evidence and getting the determination, I worked as a researcher and curator, working with archives, and I was able to look at the Nukunu archive and see information from 90
my Elders. It was mind-blowing because the information my Elders had shared with me – they never would have seen these archives. And I found that people like my great, great grandmother were sharing that same information in the 1920’s and it all matched.” Mr Thomas said he hopes native title is just the beginning for Aboriginal groups to get to a place of true self-determination. “I have a belief that native title is just one point of recognition, and we’re on a continuum. I’m hopeful that societies will evolve to understand what social justice means, and we’ll work towards exercising it,” he said. “Native title means we’ve now got a seat at the table in terms of talking about things that will happen on our Country. But I hope that, in future, native title may be the foundation for Treaty. And part of Treaty outcomes include full acknowledgement of Aboriginal Rights to Country and the Return of Country under a Freehold Land Rights Title.”
What now? All NWTAC projects and partnerships are
guided by the Nukunu Healthy Country Plan, which guides the way Nukunu people want their Country to be managed and how it can be maintained or returned to good health. NWTAC chair Travis Thomas said they’re also looking at how they align their traditional culture and knowledge in a contemporary world to create opportunities for future Nukunu generations through these projects and future work. “Nukunu aims to recover as much Country as possible over time in line with our healthy country plan and strategic plan and to regenerate it or preserve it where it’s in a good condition as much as possible,” he said. Notable current NWTAC projects and partnerships include: Received support from the Northern and Yorke Landscape Board to reach the aspirations of the Healthy Country Plan. Nukunu language revitalisation in partnership with the Mobile Language Team of Adelaide University Restoration of a cultural site at Melrose Cultural burning in partnership with Narungga Nation Aboriginal Corporation and Firesticks Alliance Nukunu Kids Camps aimed at sharing culture and developing language Quorn native garden (‘Thutha Patch’) a seed bank for landscape restoration around the region in partnership with Quorn Community Landcare Group, Flinders Ranges Council and Seeding Natives Revitalisation of Nukunu wood carving (Yurtu) with Adnyamathanha men Documentation of Nukunu stories in partnership with Port Pirie Council Cultural mapping in partnership with the University of South Australia. “Caring for Country and having people accessing it and able to pass on traditional and contemporary knowledge and meet the obligations of custodianship to Country and enjoy it is what is most important to us,” said Mr Thomas. “I suppose native title is the first step in the acknowledgement of the unbroken bond between Nukunu people and their Country. It’s the legal recognition that our bond is still present. It reinforces our belief and knowledge about our living culture. We’re living in an ongoing living and developing culture.”
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2021 Arabana No. 2 (Part 1) consent determination.
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The cliffs of Waterloo Bay, where up to 200 Aboriginal people were murdered by colonial settlers.
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Wirangu consent determination at the Streaky Bay foreshore.
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After decades of perseverance, the Wirangu people achieved recognition of their native title rights through two significant determinations on parts of the Eyre Peninsula. These outcomes affirm their traditional ownership of Country and honour the enduring efforts of Elders both past and present. 94
On 8 December 2022, the Wirangu people celebrated their first native title recognition at a Federal Court hearing in Streaky Bay – more than 25 years after lodging their claim. The Federal Court formally recognised the Wirangu people as the Traditional Owners of land stretching from Acraman Creek in the west, to Port Kenny in the south, extending inland to the Eyre Highway. Former Wirangu Aboriginal Corporation Chairperson Keenan Smith said it was a bittersweet occasion. “Along the way we lost a lot of Elders. It’s amazing that we’ve got here, but I wish my grandmother was here to celebrate this with me. We lost her over 10 years ago now, and I’d like to think she’d be proud of me, and proud of my involvement in this. Hopefully she’s looking down on us.” Wirangu applicant and Elder Barry Dean (Jack) Johncock echoed those sentiments. “I’m sure they’re all happy up there looking down and smiling today,” he said. “The likes of Mr Wilson, Mrs Wilson, the Millers and everyone else involved in the early years – I think they’re smiling and saying to the current Board: ‘well done, it’s been a battle’. They asked us to push through and bring it to fruition, and we’ve done that. After 25 years, we finally reached the finish line.” South Australian Attorney-General and
Minister for Aboriginal Affairs Kyam Maher, who attended the hearing, highlighted the deeper significance of the determination. “There was a real sense of achievement and recognition today at the foreshore of Streaky Bay, as the Australian legal system caught up with what has been known for millennia – that this has been, and always will be, Aboriginal land.”
The future of Wirangu Wirangu Director Lizzy Pool noted a shift in community relationships following the determinations. “Some community members were worried about us getting native title, but now that we have it, I’ve noticed more of them crawling up our backside for help on issues related to our land and waters,” she said. The Wirangu Board are actively working with the Elliston community and other agencies on matters such as water allocation planning, a key concern for the Eyre Peninsula. “Now we need the younger generation to think about joining the Wirangu Board, so we can train them before some of us step back and retire one day!” Current Chairperson Harry Miller Snr said the Board is focused on new ways to support the community, care for Country, and share Wirangu culture with the wider public.
Nauo and Wirangu Aboriginal Corporation On 10 February 2023, Justice O’Bryan recognised Nauo and Wirangu’s shared native title rights and interests during a hearing at Elliston Community Hall. “The Wirangu and Nauo people have shown great determination and great patience in pursuing their entitlement to have their traditional ownership of this Country, recognised under the Australian legal system,” Justice O’Bryan said. “They have also shown great respect for each other in recognising their mutual rights and interests in this Country.”
The formerly overlapping claims were consolidated by the Wirangu and Nauo people during a mediation with the State and Federal Governments in July 2021. It was an emotional day for surviving Nauo applicants, including Elder Jody Miller. “This consent determination acknowledges who we are and where we’re from. Now the Nauo name can be put up in places where people can understand that this is our Country and what we’ve fought for.” “It’s been a long and hard struggle. This is our first native title handover, and I know it’s been a big buzz for us. I’m also a Wirangu man from my mother’s side, so it’s just one big whammy for me and I’ll just try and hold the tears back,” he said. The determination area includes land and waters from the coast just south of Ellison to the north of Venus Bay, stretching inland to the Eyre Highway from Wudinna to Kyancutta. This determination granted to Nauo and Wirangu over land and waters extending from south of Elliston to north of Venus Bay, and inland from Wudinna to Kyancutta along the Eyre Highway. Despite the celebrations, applicant Mr Johncock acknowledged the difficult path that led to this recognition.
“It’s a credit to our people, our Elders, who came together many times to compile the evidence needed to prove to White Australia that we were once the people who owned this Country,” he said. “It’s sad that this is the process we have, considering our genealogies have been here for thousands of years.”
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“There are major economic opportunities in green energy, which suits our region. The potential for growth in that industry is significant, and many identified sites fall within our determination. Carbon farming is already underway, and we hope to see more land returned to its natural state,” he said. “We’re not heavily supported by mining, but we see great potential in tourism. There is a significant opportunity for truth-telling and cultural awareness through schools, cultural tour guides, restoration of the Wirangu language and the identification and protection of our sacred sites.”
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Wirangu and Nauo people and the wider community at Elliston Community Hall.
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Narungga Nation were delivered their rights as native title-holders after a court process spanning over a decade on Tuesday 14 March, 2023.
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Narungga peoples met at Point Pearce Aboriginal School, receiving recognition for their rights and interests regarding land and water from Mundoora in the north, to Dhilba Guuranda-Innes National Park, at the bottom end of the Yorke Peninsula. Narungga people were also compensated with a settlement regarding the unlawful loss of their connection to Country in areas where native title had been extinguished. Following the determination, Narungga applicant, John Buckskin, reflected on the prolonged experience of obtaining native title. “Today represents a time for reflection on the sadness and sorrow of so many of our First Nations and Narungga people who fought for their land and cultural survival and for those families who were massacred,” Mr Buckskin said. “This consent determination gives Narungga people the opportunity to invest in partnerships with non-Aboriginal people towards developing economic opportunities with federal, state and local governments and private enterprises.” 96
The consent determination follows the historic signing of the Buthera Agreement in Feb 2018, by the SA Government and Narungga Nation, providing their Traditional Owners with capacity-building support to drive development, economic enterprises and collaborative engagement with government agencies.
Buthera agreement In 2018, Narungga signed the Buthera Agreement with the SA Government, a landmark accord providing capacity-building support to bolster development and economic enterprise between themselves, industry and the government. This agreement centres on the ethical and sustainable use of Narungga traditional ecological knowledge in environmental monitoring and conservation efforts, particularly concerning the management of coastal ecosystems and the preservation of native flora and fauna. Furthermore, a significant portion of the revenue generated from the
commercialisation of products and services derived from the agreement is directed towards community development projects, including education, healthcare and cultural preservation initiatives. It underscores the importance of respecting indigenous rights and cultural heritage, with the success of the agreements hinged on ongoing dialogue, mutual trust and a shared commitment to sustainability and cultural preservation.
First port named after Traditional Owner group In 2025, Narungga Nation became the first Traditional Owner group to have a harbour or port named after them following
Its been really good in the last two or three years, just the significance of cultural burns we’re holding that we need to look after and bring health back to Country.” Narungga Elder Rex Angie
negotiations with grain exporter T-Ports. The harbour is now known as Port of Narungga, a mark of respect to their deep cultural connection with the surrounding waters of Guuranda (Yorke Peninsula). The consultation process between Narungga and grain exporter T-Ports, alongside the Department of Energy and Water, was conducted in a process of mutual reciprocity, with Narungga people offering advice on areas of cultural significance in effort to minimise disruption to these sites. Ongoing income, employment and training opportunities were flagged as key considerations for Narungga people through the establishment of an Indigenous Land Use Agreement (ILUA) between the two groups. Narungga Nation Aboriginal Corporation chief executive Doug Milera played an integral role in the consultation process ahead of the ports establishment and saw it as a positive outcome for their people. “As traditional custodians of the Yorke Peninsula, Narungga is focused on developing strong and healthy families, growing Aboriginal culture, maintaining cultural connections and empowering the economic wellbeing of our community and the wider region,” Mr Milera said. “Our partnership with T-Ports has been a positive experience, built on mutual respect and a shared vision to ensure our people share in the success of the Port of Narungga because a strong port means a strong Narungga Nation.”
Narungga cultural burns Narungga have worked extensively on restoring traditional land management processes on Country, holding inclusive workshops to explore the benefits of burning on Country. Workshops have been held at locations including Point Pearce, Ardrossan and Minlagawi Gum Flat, where Narungga fire practitioners have demonstrated controlled burns on site, in efforts to increase understanding around how native
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vegetation responds to fire and how it can be managed to reduce fire risk. Narungga Elder Rex Angie was present during several burns over the years and is excited to see land management practices in the spotlight. “It’s been really good in the last two or three years, just the significance of cultural burns we’re holding that we need to look after and bring back health to Country,” Mr Angie said. Mr Angie highlighted the importance of conducting burns during the right window of time, with conditions such as wind, rainfall, temperature and more environmental factors influencing the decision on when to apply fire practices to the scrubland. “There’s layers of laws on cultural burns, so we’ve got to do a collaboration with the local government, the local farmers and generally abide by laws and protocols,” he said. Past years have seen burns conducted across South Australia on several sites including land belonging to Nukunu, Kaurna and Ngadjuri people.
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Narungga Elder Rex Angie with a representative from Green Adelaide.
Mayibarrdu / Goose Island Towards the end of 2024 a handback of Mayibarrdu / Goose Island entered its final phase, with the island, located west of Point Pearce and north of Wardang Island, handed back to Narungga. Since 1966, Scotch College had a licence agreement with the Department for Environment and Water (DEW), which has allowed them to use Mayibarrdu/ Goose Island for outdoor camps. Narungga chief executive Doug Milera said the board was thrilled the island was returning to the Narungga people, who plan to open it up for everyone to use and visit. “We want to connect spiritually and run some cultural programs over there (on Mayibarrdu), but also for the ranger program to be involved with the conservation and protection of the island,” Mr Milera said. “We’re unlocking the island — we’re not going to lock it up — we’re opening it up for everyone to come and visit and be a part of understanding what Narungga’s connection is.” 97
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Nauo Aboriginal Corporation The Nauo people spent 25 years fighting for native title recognition on the Lower Eyre Peninsula. The pursuit for recognition began in the 1990s, with Elders providing crucial evidence of Nauo people’s connection to Country.
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To be finally recognised for Country that’s been ours since millennia, and to be recognised by a Westminster system is quite special,” he said. 98
Sadly, not all Elders could see the result of their hard work, but their legacy lives on through three successful determinations. The Lower Eyre Peninsula, made up of breathtaking beaches, cliffs, and headlands, holds great significance to Nauo people. On 15 May 2023, the Nauo people’s connection to the area was recognised by Justice O’Bryan in Coffin Bay to a gathering of 150 Nauo people. This was a remarkable moment, considering there were only seven Nauo people left after the Frontier Wars in the mid-1800s. Jody Miller said it’s a journey that started 32 years ago when his late Aunty Marlene Height asked him to join the struggle for native title recognition. Now an Elder, he felt bittersweet about receiving the news without those who started the process with him over three decades ago. “On that journey, I met a lot of people who are no longer here today, and I’d just like to acknowledge them,” he said. The determination area includes Coffin Bay, Palkagee, Mount Joy, Coolillie, Polda, Sheringa, Kiana, Mitchell, Kapinnie, Coulta, and Wangary. These are significant cultural heritage places for Nauo people, where they can continue to camp, fish and hunt. Part of a compensation package from the state government includes blocks of land in Coffin Bay that Nauo can use for economic development and independence, including ventures in tourism and fishing. On 23 September 2024, the Nauo people’s final native title application concluded with the Federal Court of Australia recognising their native title rights and interests. Justice O’Bryan handed down his decision that recognises the Nauo people as having native title rights over the southern tip of the Eyre Peninsula. Co-Chair of Nauo Aboriginal Corporation, Michael Miller, felt a sense of closure after the judgement. “We have lost some people along the way, but I just hope that we’ve given them justice and they can now finally rest, knowing that we’ve got the last piece of native title determined.” “Native title allows us to protect sites of importance for our future generations
and to teach our kids for many years to come that this is our Country and these are our stories that belong to this Country. It gives us a seat at the table from the beginning. It’s about us determining our own future now. We’re not having the crumbs anymore; we’re having the cake!” The claim area includes the land and waters at the southern tip of the Eyre Peninsula including Lincoln National Park, the Memory Cove Wilderness Protection Area, Sleaford, Fishery Bay and Whalers Way.
The future of Nauo Nation Co-Chair of Nauo Aboriginal Corporation, Danielle James, explains the Board’s future aspirations for their land, waters and community. Now that native title has been finalised, we are working in the very sensitive space of repatriation, liaising closely with Aboriginal Heritage and Repatriation, SA Museum and Aboriginal Affairs and Reconciliation, Attorney Generals Department to facilitate a world-wide search for our ancestors and to facilitate their journey back to Nauo Country. We remain acutely aware of how our land was acquired and the sacrifices that have been made generationally to maintain connection to Nauo Country in the face of adversity. We are a people of incredible resilience, determination and grit, attributes that have led us to a successful native title consent determination. Going forward, the Nauo Board of Directors have worked hard to build stakeholder partnerships that re-establish the presence of Nauo people, culture and history back on to the Eyre Peninsula, and to seek opportunities that focus on economic development and participation aimed at advancement. To achieve this, we have commenced building strong partnerships with key stakeholders that enable the continuation of our Nauo footprint through the reintroduction of language, culture and caring for Country across our Nauo nation. In 2024, we successfully applied for the Federal Government grant for the Indigenous Rangers Program specific to the Wirangu and Nauo joint native title overlap area. Together, we are currently in the development stage of facilitating this grant through the recruitment and training of rangers (predominantly women) who will be actively employed to care
Claim group meeting 1999 . Applicants and family Jody Miller, Pauline Branson, Rosemary Weetra, Cynthia Weetra-Buzza , Brenton Weetra at Fishery Bay.
for Country. To complement this initiative, we have engaged a First Nations owned business that supports mob to adopt traditional land management practice, focusing on the rejuvenation of land impacted by colonisation farming methods. As a result, our stakeholder partnerships have extended to include Landcare Eyre Peninsula, Greening Australia and the owners of Talia Station in every effort to promote and support a healthier Country and to demonstrate to the broader community the value of First Nations participation. Sadly, the impact of colonisation has not been exclusive to our land. Our waters have also suffered through the introduction of farming, use of pesticides and over- farming of native oysters utilised in the development of building mortar in the early expansion of Adelaide. To address this, we have
engaged with the local community to seek opportunities to support our custodianship, specifically the Native Oyster Revival Project led by the University of Adelaide in conjunction with the local community volunteers who are working to rebuild the oyster reefs from scratch, in partnership with the Nauo community and local schools. Realising community connection was the key to achieving our objectives, the Nauo Board of Directors have leaned into a cohort of local community and business initiatives supported by the local councils, state and federal government. To embed Nauo into future projects, we are involved on various local community committees that put Nauo at the table in regards to decision making and identifying future opportunities for Nauo people. This has required robust
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networking by the Nauo Board of Directors, resulting in a productive partnership with the District Council of the Lower Eyre Peninsula and Coffin Bay Tourist Association to reinstate signage with a present focus on the Oyster Walk, Coffin Bay, in addition to mirroring this initiative at the Fishery Bay Surf Reserve. Now that native title has been established, we will continue to focus on economic opportunities that produce positive outcomes for our community and the inclusion of Nauo culture and language into colonised spaces. For all that we have and will achieve, the biggest role we play as Nauo people is to stand firm on Nauo Country, grow economically as a nation and shout out through our successes, we are still here! 99
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Ngadjuri Nation Aboriginal Corporation On July 6, 2023, Ngadjuri Nation received their second consent determination at Burra Town Hall, following on from their first shared native title determination in Orrorrro on December 14, 2018.
2023 Ngadjuri consent determination.
Within the shared determination, Ngadjuri people were granted a joint title overlap with Adnymathanha and Wilyakali, and established the Ngadjuri Adnyamathanha Wilyakali Native Title Aboriginal Corporation (NAWNTAC). Ngadjuri’s solo determination area includes prominent towns across the Mid North of South Australia, including Kapunda, Clare, Burra, Peterborough and Yunta. Ngadjuri Elder Patricia Waria-Read spoke at the native title hearing of her people’s history living in the area and encouraged those in attendance to reflect on the past while looking forward to a brighter future. “This consent determination will be a date that we will never forget. A date that all Ngadjuri people will hang on their shelf as it’s the first recognition from white law, which acknowledges that this is our Country,” Pat said. “I’m so proud of the land on which my great-grandfather lived. I’m sure they’re here in spirit and we can feel them around to acknowledge the hard work that they 100
Property owners used to stop us at the gate, they wouldn’t even let us in but that now doesn’t happen anymore - they welcome us in to show us their land, but I already know I’m on my land.” Quote attributed to Patricia Waria-Read.
Ngadjuri intend to host more cultural camps in the coming years. Jeffrey Newchurch and Carlo Sansbury addressing at a Ngadjuri cultural camp.
did for us in the past. They did the hard yakka but we’re here now for the futures of our young Ngadjuri men and women and for the Mid North.”
Accessing Country Like many Traditional Owners, NNAC’s journey towards native title recognition was a long road, with directors Carlo Sansbury, Lynette Newchurch and Trudimay Shatell agreeing they wished their Elders were able to see the progress they’d made in 2025, while also wishing they had more say over their lands. Interviewed on-Country outside Yunta, following work conducted on a cultural heritage survey, they expressed equal blends of optimism and dissatisfaction with certain elements of their time since being formally recognised by the Federal Court as Traditional Owners of their Country. “In a sense we’re helping the developers more or less desecrate our land because this is the only opportunity we get to come out and walk Country because of all this development,” they said. “Not saying that we don’t like to walk Country - it’s healing to be out here because without walking country you’re not healing and you’re not sharing that knowledge, especially to young people.”
Early memories of NT NNAC director Lynette Newchurch has witnessed the corporation grow from the early days before their first consent determinations were handed down. “We’re still fighting to fight what they started with native title. We are still fighting, I believe, because Country still hasn’t been handed back to us properly.
Reflecting on the past The Ngadjuri directors said if they had their time over again, they would’ve made sure they negotiated with adjacent groups more proactively and worked harder towards ensuring smoother relationships. “We didn’t really know what native title was till it come about - then it divided us at the end. There were other groups
with land claims and we got pushed back. We got pushed up. So, it was a good thing on one hand and it wasn’t on another because we were fighting over this Country,” Mr Sansbury said. “Native title has got its good points and its bad points. If we had our time again we’d know how to negotiate better. We just got to keep going on with it. Fighting the fight, our lands and all that. We just got to keep going for our children’s children.”
Cultural centre Much like the recently established Yitpi Yartapuultiku in Port Adelaide, Ngadjuri have future aspirations to create their own cultural centre to display items of significance to their people. “We want to say that our Ancestors walk this land and show people the different artefacts that we have found scattered throughout Ngadjuri Country,” they said. “We’d be able to say ‘this is how they lived with all these different tools and shelter on the Country where we stand today. We can show how they lived on Country without disturbing or desecrating it.
Negotiating with council In April 2024, Ngadjuri signed a Memorandum of Understanding (MOU) with the Regional Council of Goyder, outlining prospective goals for the ongoing relationship between the two entities and their interests. “It’s just a beginning of all that process for a lot of us. We don’t know how it’s going to turn out because they need to work with us really. They’ve got their own agendas too on how they see things,” Mr Sansbury said. Due to the often-changing nature of employment, NNAC are working to maintain and reestablish these working relationships. “They get new directors every three, four years; the hard part can be making sure that information’s passed over when people are leaving a role or leaving a job to make sure they’re educating the
I remember going to the first native title meetings with all our mothers sitting beside us and now they’re gone,” Lynette Newchurch said.
South Australian Native Title Services
Ngadjuri
next person that steps in for them,” Ms Shatell said. “We have faced roadblocks in the past because sometimes new people don’t see what we see with past council members, and we have to reinvent the wheel all over again – so making sure we get past that.”
Ranger program NNAC recently applied through the National Indigenous Australians Agency (NIAA) for funding in efforts to employ Traditional Owners as part of a wider ranger program. NNAC chair Carlo Sansbury believes this would have a multifaceted range of benefits for Ngadjuri and their ongoing pursuit of improved connection to their land. “If we had our own rangers, we’d have extra guarantee that Country is being looked after and we could work more with pastoralists and landowners,” he said. “We’d also be able to register more of our sites and make sure our identity isn’t diluted because we can’t maintain and access our significant sites here. So that’s one thing that we need to do and hopefully they’d be willing to work with us and doing all that because we can’t do it alone without us all working together.” NNAC currently have two rangers working on Country with the National Parks and Wildlife Service SA but would like to see opportunity to enact their own cultural practice in greater detail. “It’s good to have them out there but that’s under the government so they’ve got to work the way they see fit - it would be good to put that cultural aspect into it so that it works for us as well,” Mr Sansbury said. “I guess that’s kind of native title in general, figuring out all these negotiations and how to exist in that world.” 101
Aboriginal Way Country, Culture, People.
Wilyakali people hope to strengthen their community relationships and provide strong pathways for future generations after receiving their native title in Mannahill.
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Wilyakali Native Title Aboriginal Corporation
Wilyakali
2023 Wilyakali consent determination.
Yandruwandha Yawarrawarrka Part B consent determination.
On August 28, 2023, representatives of the Wilyakali people were handed their native title rights and interests by the Federal Court, during a consent determination 360km northeast of Adelaide. The native title claim covers around 10,343 sq km and stretches from the NSW border on both sides of the Barrier Highway to areas near Mannahill in SA. The area covers stretches of pastoral land as well as several small townships along the Barrier Highway. The path to determination spanned more than a decade and was instigated by Wilyakali Elder Maureen O’Donnell, who passed away in 2022, as well as Glen O’Donnell and Dulcie O’Donnell. Federal Court Justice Elizabeth Raper formally signed the consent determination in front of a full tent of Wilyakali people and local pastoralists. Wilyakali Aboriginal Corporation vice-chair, Sandra Clark, said the result paved the way forward for many of the 102
young people present at the ceremony. “It was great to have four of our Wilyakali kids to welcome in language, we want to teach them all that stuff going back to language and dance and ceremony,” Ms Clark said. “That’s what we want to be able to do, to bring them back on Country and pass on our cultural knowledge to the kids.” Ms Clark spoke to the process of recognition for the continued existence of Wilyakali people, a group that has been growing in numbers over the past decades. “Other people were saying there was no Wilyakali people left, he [McKenzie] said ‘yeah there is there’s a big mob there in Broken Hill, he said they still here there’s a big mob of them. “It’s a day for us to remember our ancestors, they fought very hard, a lot of people thought the Wilyakali people didn’t exist but here we are.” Wilyakali Aboriginal Corporation chair,
A lot of people thought the Wilyakali were extinct because of colonisation, but there was an old fella called Ken McKenzie, he was a Christian man that became like family to us in Broken Hill,” Ms Clark said.
South Australian Native Title Services The consent determination hearing at Maurice’s bore was attended by around 100 people.
Glen O’Donnell, said the determination date would always be remembered by Wilyakali people. “We’ve got a lot of elders that have gone before us that are no longer here but were here in spirit -that we were able to recognise today.” “It was a celebration but also an emotional day. Just walking through the smoke it was very special and a day we’ll remember for the rest of our lives. Mr O’Donnell spoke of a conversation he’d had with a pastoralist, where they’d discussed expectations if the Wilyakali native title claim were to be officially recognised. “I had one pastoralist that come out and his question to me was what do you want out of this?” Mr O’Donnell said. “I didn’t say anything at the time but I’ve said it in my speech and I’ll say it now. “We want to get back on our Country and want you to know this is our land.” For Wilyakali man Jarred Menz, the
process of native title determination has been heavily integrated with his personal life. “I used to work on a lot of these properties out here and the connection I had back then at 16-years-old was used in the Federal Court as a witness statement,” Mr Menz said. “So the past 15 years I’ve been providing a lot of my knowledge and information to the court which was then put into a witness statement. “It’s been good to see it used today with other witness statements and connections for all of our people and all of the hard work that’s gone into it. “This consent determination for the Wilyakali people has been an ongoing battle for the last 15 years, and to finally get the recognition today and the consent with all parties is a huge day of celebration.”
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Aboriginal Way Country, Culture, People.
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Ngarrindjeri and First Nations of the South East consent determination.
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Ngarrindjeri First Nations of the South East
South Australian Native Title Services
Ngarrindjeri and First Nations of the South East
Smoking ceremony at consent determination.
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Aboriginal Way Country, Culture, People.
2025 Ngarrindjeri and First Nations of the South East consent determination.
Nori Native Title Aboriginal Corporation
First Nations of SE members with lawyers and Justice Charlesworth following consent determination.
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On Friday October 24, the salty winds of the Coorong carried a quiet sense of ceremony as two First Nations peoples - the Ngarrindjeri and the First Nations of the South East (FNSE) - gathered at 42 Mile Crossing to witness the Federal Court of Australia formally recognise their shared native title rights. The consent determination acknowledges the continuing cultural, spiritual and historical connection of both groups to a significant stretch of land in South Australia’s south-east Country that their Ancestors have walked, cared for and protected for countless generations. Together Ngarrdinjeri and FNSE have
established Nori Native Title Aboriginal Corporation (named after the Ngarrindjeri word for pelican) and will operate under this joint title together. The determination area extends from Salt Creek, including the southern end of the Coorong National Park, down to the Granites and stretches inland towards Gum Lagoon Conservation Park, encompassing culturally significant sites such as Sandy’s Hut. Both groups have paid tribute to their Ancestors - to those who endured dispossession, maintained their laws and customs, and guided their descendants back to Country through the long process of native title recognition.
South Australian Native Title Services Aunty Penny Bonney at consent determination. Ngarrindjeri celebrate consent determination.
A Long Path to Recognition For the Ngarrindjeri, whose claim over the area was first lodged in July 1998, and the FNSE, who filed their claim in July 2017, this moment marks the culmination of years of dialogue, mediation and cultural reflection. In 2021, both claims were listed for hearing over this area. Ngarrindjeri and FNSE claimants held a series of private mediations to find a path forward based on mutual respect and cultural authority. They also regularly engaged with the Federal Court and the State of South Australia in conferences and discussions. These mediations did more than resolve procedural questions - they
provided a forum for stories to be shared about families’ relationships to Country, and for cultural knowledge to guide legal outcomes. The Court recognised that the Ngarrindjeri and FNSE peoples maintained their traditional laws and customs, their connection to land and waters, and their responsibilities to care for Country. Speaking at the event, FNSE applicant Andrew Birtwhistle Smith described the day as one designated for both celebration and reflection. He emphasised that the determination brings together not just two claimant groups, but many families and lineages linked through shared history and responsibility. 107
Aboriginal Way Country, Culture, People.
Cheryl Saunders, Aunty Penny Bonney and Andrew BirtwhistleSmith following consent determination.
2025 “It’s definitely a day of celebration, but we also need to recognise that our Ancestors walked this Country for thousands of years. To be formally and respectfully recognised, we must still go back to that system that once took from us - the same system that stole, that killed, that tore our communities apart. So it can be a bittersweet moment,” Mr Birtwhistle-Smith said. “It’s not one Country in that context; it’s many countries, many people, and many generations coming together. Taking the piece of paper away, what this means is recognition - on paper that allows us to work together for the betterment of all of us.” While the determination represents a significant milestone, Mr BirtwhistleSmith also noted that important work remains, particularly regarding water rights - an enduring area of cultural and environmental concern. “Our customs, our connection to Country - both our Ancestors’ and ours today - didn’t end at the foreshore. It extended way out, and it always will.”
FNSE reflect on journey For Aunty Penny Bonney, the 108
determination is both a tribute to the past and provides tangible hope for future generations of FNSE people. “If I go back on my mum’s journey, my aunties, my uncles - it was a huge struggle. I’ve been part of that journey too,” she said. “For the future, when I look at my children and my grandchildren, I hope it will be an easier journey than what we’ve been through. We’re proud - proud Aboriginal people to be here on our land, our Country.” Her reflections echo the sentiment of many Elders: that while native title cannot undo the harm of colonisation, it can be a necessary step towards recognition, healing and intergenerational continuity. Reflecting on the challenges of native title processes, Mr Birtwhistle-Smith said the experience illustrates both the value and the limitations of the legal framework. “From 2017 to 2025 - that’s a long journey. The system needs to change to make it easier for us to have recognition and acknowledgement on our own Country,” he said. “For us, there’s law - L-A-W - and there’s lore, L-O-R-E. Our lore is far older than the Federal Court of Australia. But to move forward, we have to work out how
those two systems can come together.” Mr Birtwhistle-Smith acknowledged that while some have questioned the Native Title system, he believes engagement with it remains necessary to secure formal recognition and to strengthen collective management of traditional lands.
A historic agreement under section 47c This determination is particularly significant for the South Australian native title framework and history. It represents the first time that native title has been recognised through an agreement reached under section 47C of the Native Title Act 1993, which allows for the restoration of native title over certain Crown lands where it might previously have been considered extinguished. The agreement notably covers portions of the Coorong National Park, Tilley Swamp Conservation Reserve, Gum Lagoon Conservation Park and Bunbury Conservation Reserve. By mutual consent, both the Ngarrindjeri and FNSE applicants agreed to a single determination over their overlap area, avoiding a protracted trial
The court’s view Justice Natalie Charlesworth delivered a frank assessment of the wider native title framework and pursuit of recognition by Aboriginal and Torres Strait Islander peoples, while addressing those in attendance at the 42 Mile Crossing determination. “To make a native title application is to engage with European law. To have your rights under your own customs recognised, overarching all of that is the requirement that you need to engage with a colonial system and that didn’t involve choice,” Justice Charlesworth said. “The Native Title Act may be seen as the best that western minds could do in setting down processes dealing with complex and important topics, it is not a perfect system. “I’ve had the opportunity to read some of the reports discussing these impacts on your Ancestors. Many historical records were lost and those that are not lost are a reflection mostly of the views of white people, what they noticed, what they cared to notice, what they cared to write down, oftentimes in ignorant and disparaging ways. “Today’s outcome has depended heavily on the work of the experts who engaged by the parties - historians, linguists, anthropologists, engaged to dig up the past, and turn it over and examine it. Their work is to be commended but let it not be forgotten that the applicant groups have been their key informants - it is the native title holders who themselves know their recent and their distant histories.” Justice Charlesworth further emphasised the categorisations that
The area in which we are sitting has been coined an overlap area, in legal terms, that simply means the two claims were made over it,” Justice Charlesworth said.
led to mutual recognition for both Ngarrindjeri and FNSE and their shared ancestral lands. “It could also be a clumsy way of pointing to something more fundamental, occurring in Aboriginal traditional law and custom in this area: it reflects what anthropologists describe as involving the interpenetration of people within an area. “There being no fixed boundary between them, under their own traditional laws and customs, not only in relation to the possession and occupation of land between their social organisation, as Penny put it to me before the hearing started, we’re all connected.”
Ngarrindjeri perspective Ngarrindjeri man, Grant Rigney, echoed Justice Charlesworth’s sentiments of frustration with the framework of native title while addressing the court, while also commending those who’d come before and played pivotal roles in the journey towards recognition. “One thing I take out of all this is that we are resilient and strong. We are still fighting for our lands and our waters and our human rights to be recognised in this country,” Mr Rigney said. “Our vision has always been five, 10, 15, 20, 30 generations down the track. That’s what we’ve been really needing
to get to. It’s not about just you or I – it’s about the foundations we can leave. “This is not something that’s formed for us. This is a white man way. We know who we are. We know our families, we know our connections. Don’t get me wrong, for the non-Indigenous people - this is about you too. We want you to come for the journey as well with us. But it’s got to be on our terms.”
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process and instead demonstrating how co-operation between First Nations groups can strengthen recognition and stewardship of Country.
A shared future This determination represents not only the formal recognition of rights, but also the reaffirmation of responsibilities. The Ngarrindjeri and FNSE peoples are now able to act through their prescribed body corporate to manage these lands, engage with government, and protect sacred and cultural sites. Importantly, it stands as a public affirmation that their living connection to Country - through law, ceremony, language and kinship - endures. “We need to educate and show the young ones that this is a celebration,” Aunty Penny Bonney said. “Even if we weren’t connected by blood, we were connected by Country, and we grew up showing respect and connection.” “We’re still proud. Proud Aboriginal people to be here on our land, our Country.”
Ngarrindjeri male dancers.
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Aboriginal Way Country, Culture, People.
STILL TO COME 2026First Peoples of the River Murray and Mallee No. 2 - consent determination in 2026.
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Malyangapa – consent determination negotiations ongoing.
AMYAC Compensation – mediation ongoing.
South Australian Native Title Services First Nations of the South East No. 1 consent determination negotiations ongoing.
Arabana No. 2 (Oodnadatta) consent determination negotiations ongoing.
Peramangk claim to be filled.
Further research and claims to be progressed over undetermined areas.
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Notable figures in SA’s native title history Native title is about people. It is people who: Maintain laws, customs and connection to Country Uphold kinship relationships and culture Demonstrate leadership to bring community together for a common vision Fight for justice and recognition Authorise and advance native title claims. Here we pay tribute to thousands of people from South Australia’s Aboriginal community who have showed leadership, taken risks, shared knowledge and experiences, banded together and fought for the recognition of native title. We cannot name and honour every one of those people, but we wish to commemorate all applicants of native title claims who have achieved determinations of native title. We also wish to highlight four people who we believe illustrate the leadership and strength demonstrated by many over the 30 years of native title in South Australia.
Kunmunara (Peter) De Rose Peter De Rose was in his early 40s living in the remote Aṉangu Pitjantjatjara Yankunytjatjara (APY) Lands when he heard about the Mabo judgement in June 1992. He had been born and raised on the neighbouring pastoral station of De Rose Hill – his ngura (home) – where he had been kept out through the actions of the pastoralists since the 1970s. He wanted to return home to Country. He saw what Eddie Koiki Mabo achieved for his people and he wanted the same – legal recognition for all nguraritja (Traditional Owners). Peter stood up to lead his Aṉangu community. Over several years, he supported his community to learn about native title and to eventually authorise a claim. He worked with his Elders to provide evidence to lawyers and anthropologists. He put his hand up for De Rose Hill to be a native title test case in the State. He led his community through the trial as a lead 112
witness alongside his cultural leaders. He remained resilient despite the arguments and actions of the respondents against him and his people. His leadership led to the first native title determination in South Australia, De Rose Hill in 2005, and helped establish important aspects of native title law, including spiritual connection to Country and the co-existence of native title with pastoral leases in the State. Following the determination, Peter continued to lead the establishment and development of the De Rose Hill-Ilpalka Aboriginal Corporation. He was pivotal in bringing a native title compensation claim against the State, resulting in the first successful determination for native title compensation in Australia. The legacy and impact of Kumunara De Rose’s leadership is immense. Many determinations were possible because of De Rose Hill case. Locally, his family continue his legacy and play an active role in the PBC and looking after culture and Country.
Kunmunara (Peter) De Rose.
South Australian Native Title Services Mitch Dunnett.
Mitch (Milton) Dunnett Mitch Dunnett was a key leader in Ceduna and the Far West Coast region of South Australia for over 30 years. In the late 1990s, there were several overlapping native title claims made over the Far West Coast of South Australia. Through numerous discussions, meetings and mediation, a single Far West Coast native title claim was authorised to represent five previous overlapping claims. This was a difficult process and decision for all groups and required leadership and strength. Mitch brought this and more. Mitch worked tirelessly to bring the Far West Coast cultural groups together united and focused on achieving their end goal: to be recognised as the Traditional Owners of the Far West Coast. Mitch was a strong advocate and put aside personal differences to focus
on this goal and the bigger picture for the Traditional Owners of the region. His strength and leadership, as Chairperson of the Far West Coast Traditional Lands Association and Elder of the Wirangu people, was vital in both obtaining Traditional Owner support to come together and State Government to accept the prior and continuing connection of Far West Coast people to their ancestral lands. Mitch’s work and leadership paved the way for the Far West Coast consent determination in December 2013. Sadly, Mitch passed away 6 months before the determination. Mitch was also instrumental in establishing an agreement with Iluka mine. This successful long-term agreement helped pave the way for Far West Coast native title holders to pursue business and wealth creation alongside social and cultural
programs to create impact and change for Traditional Owners. Mitch wasn’t just interested in native title – he cared about the wellbeing of the Aboriginal people in Ceduna and its outlying communities. He was a staunch and longstanding advocate for Aboriginal communities in the areas of health, education, justice, housing and community services. Mitch was a big picture thinker. He worked to empower the Aboriginal community through employment and economic development; to bring government to account on social and community services and to obtain the recognition of rights and interests to achieve self-determination. Mitch’s resolve, humour, fearlessness in taking on issues, and the vigour with which he pursued Aboriginal interests in his community will never be forgotten. 113
Aboriginal Way Country, Culture, People.
Robyn Campbell Robyn Campbell was a remarkable leader who deeply valued her Country in the state’s South East (SE). Native title was not an immediate priority for the First Nations of the South East. They focused on developing and running local community-controlled organisations to provide broad services and advocacy to the Aboriginal community, strengthen culture and Country, grow their regional presence and build partnerships and networks. Robyn was a part of the fabric of the South East with many networks and influences in the area. Robyn applied her leadership as CEO of Burrandies Aboriginal Corporation to maintain its central role to the local Aboriginal community and raise up Aboriginal people. Robyn led the organisation’s
growth to be increasingly involved in cultural heritage management, language revitilisation, employment and labour hire services and to be used as a base for the South East Aboriginal community. Robyn was a great advocate for Aboriginal and non-Aboriginal groups joining forces on land management and looking after Country. Robyn championed First Nations engagement in managing Country, leading to the establishment of the South East Aboriginal Focus Group and development of the Lartara-Wirkeri Cultural Governance Framework. Robyn led and participated in collaborative projects to share important cultural knowledge about traditional fire management, to retrieve and revitalise ancient languages, and to facilitate the repatriation of ancestors to Country. From around 2015, Robyn provided
important support and leadership to Traditional Owners to revisit the opportunities available through native title with the First Nations of the South East native title claims subsequently made in 2017. Robyn’s passion, knowledge and connection with Country and culture was then applied to progressing the claims and negotiating with the State Government. As these consent determination negotiations are nearing completion, it is important to acknowledge the contributions that Robyn made. Robyn’s enthusiasm and dedication to her culture was deep and profound. Her energy and commitment to improving the recognition of the Meintangk, Tanganekald, Potaruwutj and Buganditj people was, and is, something to be emulated.
Robyn Campbell.
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South Australian Native Title Services Dorothy Turner (née Nattoon).
Dorothy Turner (née Nattoon) Dorothy Turner was born in the mid-1940s at Swan Reach on the River Murray. She grew up living on the riverbanks with her family and the old people, camping right along the river living off fish, swans, turtles and other natural and cultural resources. Dorothy had substantial knowledge of the area’s natural resources and cultural heritage sites. She had a deep connection to her Country and her community along the mid-Murray. When the opportunity for native title recognition arose, Dorothy brought her family and community together with other leaders to file the First Peoples of the River Murray and the Mallee Region native title claim in 1998. The claim was made over a significant part of the eastern region of South Australia including the River Murray, Riverland and Mid-Murray region and extending into the mallee. As the first-named applicant, Dorothy played an active role over many years of
negotiations with the State Government. The claim was the first in the southern part of the state to enter into consent determination negotiations with the State Government. The region itself brought new issues, challenges and opportunities, including those centred on the River Murray and the expanse of the mallee. Dorothy brought her authentic, cultural leadership to the fore, to share aspects of her life and cultural knowledge and practices. Dorothy worked closely with anthropologists and lawyers to document and present evidence of connection to Country, cultural knowledge, kinship and continuity. A mother of thirteen children, Dorothy raised her family with the same love and knowledge of Country, often bringing them with her on field trips with lawyers and anthropologists. Dorothy’s children learned experientially, from being present with their mother and grandmother to listen and observe the
knowledge and practices passed down from generation to generation. Native title negotiations were not easy. Critical to the success of the claim was demonstrating to the State the continued knowledge and practices of First Peoples. Amongst others, Dorothy did this in spades, most critically during the on-Country trips by the State. These trips provided the opportunity for Dorothy to demonstrate her knowledge along with her observance of the traditional laws and customs. She was in her element. Dorothy was very proud to achieve a consent determination for the First Peoples in 2011 and as she said, “It means a lot and gives us freedom to go and use the land now, do the ceremonies and cooking and go out camping and do Dreamtime.” Dorothy would be proud to see the positive developments that have since occurred, including the establishment of an office in the Riverland and programs for looking after culture and Country. 115
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Applicant Listing of Determined Native Title Claimant Applications in South Australia The names of Applicant(s) of successful Native Title Claimant Applications in South Australia.
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Application Name
Determination Date(s)
Adnyamathanha No.1
30/03/2009, 25/02/2014, Stewart Patterson, Gordon Coulthard, Vincent Coulthard, Mark McKenzie, Beverley Patterson, Angelina Stuart, 08/12/2015, 14/12/2018 Thathy (Geraldine) Anderson
Name(s) of Applicant(s)
Adnyamathanha No. 2
30/03/2009
Mark McKenzie, Angelina Stuart, Roger Johnson, Michael Anderson
Antakirinja MatuYankunytjatjara
11/05/2011
William Lennon Snr, Ian Crombie, Keith Smith Snr, David Brown, Herbert Lennon, Jean Wood
Arabana Peoples
22/05/2012
Reginald Dodd, Millie Warren, Laurie Stuart
Arabana No. 2 (Part 1)
17/03/2021
Aaron Stuart, Joanne Warren, Peter Watts, Greg Warren Snr
Barngarla
23/06/2016, 24/09/2021
Elliott McNamara, Barry Croft, Howard Richards, Lorraine Dare
De Rose Hill
08/06/2005
Peter De Rose, Owen Pannikan, Peter Tjutjatja, Johnny Wimitja De Rose, Michael Mitakiki, Rini Kulyuru, Puna Yanima, Julie Tjami, Sadie Singer, Whiskey Tjukanku
De Rose Hill Compensation Claim
01/10/2013
Peter De Rose, Hughie Cullinan, Tjaruwa (Mary) Anderson, Karina Lester
Dieri
01/05/2012
Edward Lander, Rhonda Gepp-Kennedy, Nellie Edge, Sylvia Stuart, Irene Kemp, David Mungerannie
Dieri No. 2 and No. 3
26/02/2014, 28/09/2017
Edward Lander, Rhonda Gepp-Kennedy, Sylvia Stuart, Irene Kemp, David Mungerannie
Eringa and Eringa No.2
11/09/2008, 13/12/2011
Edie King, Ruth McKenzie, Emily Churchill, Howard Doolan, Dean Ah Chee, Marilyn Hull
Eringa No. 3
13/12/2011
Hughie Tjami, Keith Minungka
Far West Coast
05/12/2013
Barker Bryant, Clem Lawrie, Richard Le Bois, Samuel George Mastrosavas, Gladys Miller, Kenneth Roberts
First Nations of the South East No. 2
24/10/2025
Andrew Birtwhistle Smith, Robyn Campbell, Bruce Hammond, Myrtle (Penny) Bonney, Cheryle Saunders, Darren Perry, Mark Lovett, Chris Hartman, Gwenda Owen, Jean Pinkie, Michelle Jacquelin Furr, Kingsley A’hang.
First Peoples of the River 18/11/2011 Murray & Mallee Region
Dorothy Turner, Agnes Rigney, Mark Agius, Richard Hunter, Jean Agius, Denise Varcoe, Henry Rankine, Jim Abdulla, Loretta Smith, George Tripp, Gladys Sumner, Glenda Rigney
Gawler Ranges
19/12/2011
Elliott Lancelot McNamara, Kenneth Harry Smith, Howard Richards, Andrew Dingaman
Irrwanyere Mt Dare
11/09/2008
David Doolan, Valerie Naylon Fuschtei, Christine Lennon, Arthur Ah Chee
Kaurna Peoples
19/11/2018
Garth Agius, Vince Buckskin, Lynette Crocker, Dennis Davies, Cecil Graham, Joseph Mitchell, Rodney O’Brien, Glenice Sumner, Suzanne Russell, Frank Wanganeen, Maureen Wanganeen, Georgina Williams
Kokatha People
1/09/2014
Andrew Starkey, Joyleen Thomas
Narungga Nation
14/03/2023
Tauto Sansbury, John Buckskin, Kay Lawrence, Naomi Hicks
Nauo
15/05/2023
Marlene Weetra-Height, Lavinia Heron, Jody Miller
Nauo # 2, #3 and #4
10/02/2023, 15/05/2023, Brenton Weetra, Pauline Branson, Cynthi Weetra-Buzza, Jody Miller 23/09/2024
Ngadjuri Nation
14/12/2018
Ella Harradine
Ngadjuri Nation #2
06/07/2023
Vincent Branson, Josie Agius, Quentin Agius
Ngarrindjeri & Others
14/12/2017, 24/10/2025
Darrell Sumner, Luke Trevorrow, Daryle Rigney, Grant Rigney, Laurie Rankine Jnr, Eunice Aston, Rita Lindsay Jnr, Marshall Carter, Major Sumner, David Crompton, Owen Love, Gordon Rigney Jnr, Lewis Rigney, Jordan Sumner, Cyril Trevorrow, Donald Roberts. (previous: Basil Sumner, Eileen McHughes, Laura Agius, Richard Hunter, Peter Rigney, Violet Deuschle, Matt Rigney, Rhonda Agius, Tom Trevorrow, Henry Rankine, George Trevorrow)
Nukunu
17/06/2019, 20/01/2022
Lindsay Thomas, Helen Webb, Ian Webb, Douglas Turner
Tjayiwara Unmuru
16/07/2013
Peter De Rose, Tjaruwa (Mary) Anderson
Tjayuwara Unmuru Compensation Claim
20/12/2017
David Pearson, Dennis Douglas
Wangkangurru/ Yarluyandi
11/09/2008, 13/12/2011, Linda Crombie, Raylene Hudson, Brenda Shields, Sharon Lucas, Haydyn Bromley, Arthur Ah Chee 03/10/2014
Wilyakali
28/08/2023
Maureen O’Donnell, Glen O’Donnell, Dulcie O’Donnell
Wilyakali # 2
14/12/2018
Maureen O’Donnell, Janet Crowe, Beverley Bates, Richard Edge, Elizabeth Hunter, Brian Bates
Wirangu No 2 and No 3
08/12/2022, 10/02/2023
Caroline Wilson, Elizabeth Pool, Kenneth Wilson, Cindy Morrison, Neville Miller, Vernon (Penong) Miller, Barry (Jack) Johncock
Wirangu Sea Claim #2
08/12/2022, 10/02/2023
Neville Bilney, Cindy Morrison, Cheryl Saunders, Elizabeth Pool, Harry Miller, Kaylene Kerdel, Keenan Smith, Neville Miller
Yandruwandha Yawarrawarrka
16/12/2015
Leslie Harris, Aaron Paterson, Fredrick Brown, Anita Paterson, Fay Nicholls, Theresa Bottrell
Yandruwandha / Yawarrawarrka
03/07/2024
Aaron Paterson, Robert Singleton
Yankunytjatjara/ Antakirinja
28/08/2006
Jean Wood, Tilly Waye, Sadie Singer, Lallie Lennon, Johnny Cullinan, Paddy Jones
Memory Cove, Nauo Country.
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Aboriginal Way Country, Culture, People.