Aboriginal Way | Issue 93 | Summer 2024

Issue 93

Summer 2024

A publication by South Australian Native Title Services

www.nativetitlesa.org

Kaurna Ancestors repatriated in ceremony at Wangayarta Members of the Kaurna community gathered at Wangayarta to lay ancestors to rest in an emotional community-led reburial.

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Community rallies to save iconic Kaurna shelter tree

Survival Day 2024

Historic Kingston SE project balances colonial lens

First Nations callout for inaugural Biodiversity Act

Aboriginal Way South Australian Native Title Services

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Film Review

Warru Ngurakutu Kulpanyi The Anangu-led return of the warru (black flanked rock wallaby) to Kulitjara (Everard Ranges near Mimili) in the APY lands has been intimately captured in the short film Warru Ngurakutu Kulpanyi.

The project follows decades of work conducted by APY peoples, rangers, environmentalists, and others who have worked together to expand the habitat of one of South Australia’s most endangered mammals.

Warru Ngurakutu Kulpanyi is filled with first-hand accounts in Pitjantjatjara language and holds a steady eye to the jagged rocky landscapes of the Lands, depicting dedicated teams travelling up cliff faces to monitor the ongoing wellbeing of the warru.

While capturing the patient resilience of the wildlife team’s efforts to monitor the returned warru, a serene picture of shared campfires and conversation fills the surrounding scenes with warmth.

Key to the film’s essence is the notion of ngapartjingapartji, an integral Pitjantjatjara premise of respectful

reciprocity, shown in collaborative scenes between APY local’s demonstrated knowledge of Country combined with additional scientific methodologies from western scientists and rangers.

Warru Ngurakutu Kulpanyi provides a snapshot of excitement as the warru are released properly into their former environment, outside the confines of the Pintji.

The Pintji is a 4km long fence constructed to keep out predators, designed to provide safety for the warru involved in the captive breeding program, allowing them to adapt gradually to their new natural environment, safe from feral predators such as cats and foxes.

The project began with local minymas (senior Anangu women) asking for warru to be returned to Country and meeting with the SA branch of the Warru Recovery Team.

In 2007 pouched young wallabies were taken from the

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Taking stock after a day of tracking warru.

Yellow footed rock wallabies were used as surrogates for the regenerating population.

The arid landscape of Kulitjara.

Photos supplied.

South Australian Native Title Services Level 4 345 King William Street Adelaide SA 5000 Editor Keith Thomas Communications Officer Caleb Sweeting Journalist Isaac Selby Design and Printing We Create Print Deliver Advertising Enquiries (08) 8110 2800 Circulation 10,000 If you have any stories of interest to our readers, please address any correspondence to: aboriginalway@nativetitlesa.org Aboriginal Way South Australian Native Title Services Level 4 345 King William Street Adelaide SA 5000 Ph: (08) 8110 2800 Fax: (08) 8110 2811 FREECALL: 1800 010 360 The Editor has the final decision on all stories and advertising that appear in this publication.

wild populations of other areas of the APY Lands and taken to Monarto Zoo for cross-fostering.

During this time warru joeys were cross-fostered with yellow-footed-rock-wallabies in order to increase the rate of captive breeding.

Director Max Mackinnon shot the film over the course of a week and makes sure to give respectful acknowledgement to the colossal efforts and hours required over the years to arrive at this point.

The film conveys a strong sense of positivity from those interviewed and is an optimistic environmental snapshot in times when ecological documentaries are often necessarily bleak.

Warru Ngurakutu Kulpanyi will make you smile and appreciate the effort made to keep the story of the warru alive.

www.nativetitlesa.org

Cover image: Uncle Jeffrey Newchurch, Uncle Moogy Sumner, and Drew Kilner. Photo by Caleb Sweeting.

WARNING: Aboriginal and Torres Strait Islander readers are warned that the following publication contains images, names, and stories of deceased persons.

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Letter from the Editor If you look up acknowledgment in the dictionary it says, ‘acceptance of the truth or existence of something’.

That’s why an Acknowledgment of Country is an important gesture when spoken at the beginning of an event or stated at the bottom of a website or email signature.

It’s a shame to see in the months after the Voice referendum, some councils around Australia opting for the removal of Acknowledgments from their meetings. By saying nothing about us, it makes us feel like we don’t exist.

So why have councils like the City of Playford and Northern Areas Council voted to scrap Acknowledgements of Country?

City of Playford Deputy Mayor Peter Rentoulis said “[The Acknowledgement] loses a bit of its meaning when every single meeting, every single lecture, we have this verbatim read out.”

He’s wrong. Acknowledgements are a very important statement of an individual or organisation’s understanding that Aboriginal people have always been here and are still here; it’s about sharing respect for Aboriginal people and culture and their continued connection to Country.

Another excuse for removing the Acknowledgement came from Playford Councillor David Kerrison, who said it needed to be “inclusive” by adding the words “our people, our forebears that have contributed in building and defending our great nation and way of life”.

Cr Kerrison misses the point completely.

This is about recognition of Aboriginal people’s existence and continued connection to the Country; recognising the work of other important Australians can and is included in other forums.

When people come together for a meeting, no matter where they are in Australia, they are standing on Aboriginal lands. Acknowledging this demonstrates an awareness of their region’s history and Aboriginal history, and demonstrates they are willing to respect our connection to Country.

Performing an Acknowledgment of Country takes less time than it did for me to write this opinion piece and does not come at any significant cost to councils.

So, what is behind the decisions of the City of Playford and Northern Areas Council. Is it racially motivated? Is it a denial of history? Or is it just mean-spirited?

Certainly, their actions from my perspective, send a message to the Aboriginal community that their actions are more likely racially motivated. Let’s hope they change their decision in the spirit of true reconciliation.

Keith Thomas SANTS CEO

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10,000 copies sent to SA & NT

Contact: aboriginalway@nativetitlesa.org

Native title claims update

Reconciliation SA News

Active claims

Reconciliation SA News In late 2023, Reconciliation SA launched our new Strategic Direction plan for 2024 to 2026.

The document outlines Reconciliation SA’s vision for a state that values and respects the cultures, rights, and contributions of Aboriginal peoples. While our purpose is to provide leadership, advocacy and support to individuals, communities and organisations driving reconciliation across the state to create positive and lasting change.

The document allows for the team at Reconciliation SA to work toward five overall goals to: strengthen relationships with Aboriginal leaders, institutions and our partners to create a strong united voice and greater opportunities advocate for systemic and cultural change in education institutions and organisations, support anti-racism strategies and focus on practical approaches to create change facilitate and create opportunities for increasing understanding and celebrating Aboriginal culture and heritage actively promote Aboriginal businesses and community programs focused on creating awareness and understanding improve business sustainability by increasing the organisation’s profile, partnerships and performance as a leader in reconciliation.

The strategic directions come after a raft of changes swept through the organisation as it aims to become more sustainable, and more active in regional and remote areas.

The document serves as a clear message from the Board and organisation on how it intends to focus its efforts and continue the work towards reconciliation.

The future direction is supported by an invitation for governments, corporations, businesses and individuals to partner with Reconciliation SA to build relationships and build respect in our state.

To sponsor or partner with Reconciliation SA, please contact admin@reconciliationsa.org.au Read our Strategic Direction Plan at reconciliationsa.org.au/corporate-information

Nauo No.2 - Timetabled for determination in early 2024.

Yandruwandha Yawarrawarrka 2 (claim in Queensland) – timetabled for determination in 2024.

Walka Wani Oodnadatta 1 and 2 and Arabana 2 – Special leave application to High Court by Arabana waiting to be heard.

Far West Coast (FWC) Sea claim – Judgment reserved.

First Peoples of the River Murray and Mallee No. 2 – Consent determination negotiations and subject to programming orders.

First Nations of the South East #2 and Ngarrindjeri Part B – Mediation and timetable for consent determination.

First Nations of the South East #1 – Timetabled for determination in 2024.

Malyankapa – Connection report provided to NSW and SA Governments for assessment.

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Update

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Community rallies to save iconic Kaurna shelter tree A Willawilla Karra Kuu (Kaurna shelter tree) estimated to be over 450 years old has been receiving protection by ongoing landmanagement efforts from several groups.

Brad Darkson holds a Unceded Ceded t-shirt representing the yam daisy.

The continued rejuvenation of the Kaurna tree was celebrated at a ceremony on the riverbank at Wirraparinga (Brownhill Creek), with hundreds of attendees from the involved schools, community groups and local politicians.

The tree-saving initiative, started by the Brownhill Creek Conservation Group in 2018, has been contributed to by local school students and volunteers, planting around 2,800 native plants along the surrounding creek bed.

The tree is a significant feature of Wirraparinga, which had become inundated by introduced weeds and a damaged root system from the digging of a local trench.

Kaurna Elder Aunty Lynette Crocker led the planting of around 200 yam daisies, which she said played a positive role in healing the undergrowth of the tree and surrounding area.

Due to the hollowed-out nature of the tree she suggests it would have been used by Kaurna Ancestors for shelter in the past or possibly for storing items.

“I wish we had a USB we could put into the tree so that it could tell its story,” Aunty Lynette said.

“The yam daisy to me has been a rejuvenating process for the undergrowth. I can’t say 100 per cent but I know since the daisies have been planted at the base of the tree it has begun to sprout leaves and come to life.

“It’s quite miraculous really to see this happening where we thought the tree had been burnt out and wasn’t a functioning tree anymore. Now it’s come back because of the regrowth at the base of it.”

With Kaurna Ancestors potentially accessing the site for storage and shelter, the rejuvenation process has been of utmost importance for those involved with the project.

A celebration of the tree’s rejuvenation was held on site, next to the Brownhill Caravan Park, with around 100 attendees – including project volunteers, children from the

The following story contains an image, name, and story of a deceased person.

Schools groups and community gather at Wirraparinga.

All smiles for the Willawilla Karra Kuu.

Dr O’Donoghue passed away on 4 February 2024. Photo and permission to use her name from the Lowitja Institute / family.

Honouring the legacy of Dr Lowitja O’Donoghue AC CBE DSG One of Australia’s most celebrated Indigenous leaders, Dr Lowitja O’Donoghue AC CBE DSG, is being remembered for her vast contributions after passing away aged 91.

local schools (Scotch College, Mercedes College and Urrbrae) and community members excited to see the tree persevere.

Key drivers of the project include Ron Bellchambers, who worked with several Kaurna people including Uncle Mickey O’Brien, Uncle Jeffrey Newchurch, Allan Sumner and Brad Darkson.

Aunty Lynette heralded the tree, estimated at 460-years-old, as significant to protect due to its status of being older then the colonialised state of South Australia.

“These Brownhill Creek groups and the council have been the first to develop this model. Or you could call it a template on how to start to do things, if people are wanting to know what we can do.

“I know we won’t ever go back to the beginning before colonisation but we have to start doing some things about what we grow and how we use resources for the future.”

IT MAY HAVE BEEN A STORING TREE WHERE WILLAWILLA, OUR ANCIENT WARRIOR FROM UP THAT WAY, MAY HAVE STORED HIS SPEARS AND EARLY STUFF LIKE THAT,” AUNTY LYNETTE.

Throughout her life, the Yankunytjatjara woman played an integral role in delivering significant outcomes for the health, education, political representation, land rights and reconciliation of Aboriginal and Torres Strait Islanders.

Born at Indulkana on the APY Lands in 1932, Dr O’Donoghue was taken from her family at an early age and spent much of her early childhood at Colebrook Children’s home in Quorn.

In 1954 she became the first Aboriginal trainee nurse at the Royal Adelaide Hospital, making her way up to the role of Charge Sister, during a stint of employment where she persevered through ongoing racism.

Dr O’Donoghue was founding chairperson of the Aboriginal and Torres Strait Islander Commission (ATSIC) and was instrumental in drafting the native title legislation implemented after the landmark Mabo decision.

She was the first Aboriginal person to address the United Nations General Assembly, the first Aboriginal woman to be appointed as a Member of the Order of Australia and was named the 1984 Australia of the Year.

She later joined the South Australian branch of the Federal Office of Aboriginal Affairs and served as a member of the Aboriginal Legal Rights Movement, before being appointed to the position of Regional Director of the SA Department of Aboriginal Affairs.

In 1990, her leadership in Aboriginal Affairs saw Dr O’Donoghue appointed as the inaugural chairperson of the Aboriginal and Torres Strait Islander Commission, where she played a pivotal role in the tense and complex negotiations which enabled then Prime Minister Paul Keating’s native title legislation.

In 2008, Dr O’Donoghue provided counsel to former Prime Minister Kevin Rudd for the Apology to the Stolen Generations.

Vale Dr O’Donoghue (1932 –2024), whose contributions will be recognised for many years to come.

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I’M DOWN HERE TODAY TO CELEBRATE ALL OUR OLD FULLAHS SURVIVAL AND NEXT GENERATION. HOPEFULLY WE GET SOME SORT OF RECOGNITION HERE IN THIS COUNTRY. –UNDENIABLY IT ALWAYS WAS AND ALWAYS WILL BE OUR LAND. THE SOONER EVERYONE COMES TO TERMS WITH THAT, THE MORE BETTER OFF WE’LL BE. THE WHOLE LOT OF US, BLACK AND WHITE.” CHRISTINE - NGAIWANG, RIVERLAND

THE REASON I COME HERE IS I FEEL LIKE IT’S A REALLY GOOD OPPORTUNITY TO EDUCATE THOSE AROUND US. I DIDN’T REALLY HAVE THE OPPORTUNITY TO LEARN ABOUT IT IN SCHOOL, SO I REALLY THINK IT’S IMPORTANT TO SPREAD THE WORD FOR A REALLY GOOD CAUSE.” ROSETTE - TARNDANYA/ADELAIDE

TODAY IS ALL ABOUT AMPLIFYING OUR VOICES FOR SURVIVAL DAY. CHANGING THAT NARRATIVE OF DISADVANTAGE AND DEFICIT MINDSET AND REALLY AMPLIFYING BLACK EXCELLENCE. WE’VE GOT AMAZING SPEAKERS, AMAZING, PERFORMERS DOING AMAZING THINGS IN OUR COMMUNITY.” CLINTON - NOONGAR, WIRADJURI

Survival Day 2024 Aboriginal Way spoke to attendees during the Survival Day 2024 rally at Tarntanyangga (Victoria Square). The event highlighted ongoing calls for change voiced by First Nations speakers, performers and attendees in regard to the continued celebration of January 26.

IT’S A MIXED BAG ISN’T IT, ON ONE HAND THERE’S A LOT OF PRIDE AND LOT OF CELEBRATION OF OUR CULTURE BUT YOU CAN’T FORGET THAT IT’S A DAY OF MOURNING FOR US AS WELL. IT’S ALWAYS A HEAVY ONE BUT I’LL ADMIT IT’S REALLY NICE SEEING THIS MANY PEOPLE OUT HERE. IT’S BEEN GREAT JUST SEEING HEAPS OF PEOPLE OF ALL DIFFERENT SKIN COLOURS COMING TOGETHER.” ALEX - WARLPIRI

I DON’T THINK GENOCIDE SHOULD BE CELEBRATED AND PUT ON A PEDESTAL. IT’S NOT AN EXCUSE TO HAVE A BBQ, THIS IS FOR OUR PEOPLE. WE SURVIVED AND WE’RE GONNA PROVE EVERY DAY THAT WE SURVIVED – NO MATTER WHAT WHITE PEOPLE THINK.” JORDY - WAKKA WAKKA

I’M FROM MALAYSIA, I’VE BEEN WORKING ON KAURNA LAND FOR 4 YEARS NOW. I’M JUST HERE TO SUPPORT ABORIGINAL RIGHTS AND MAKE SURE THEY HAVE A VOICE IN THEIR OWN LAND.” TARUNG - MALAYSIA

THE 26TH IS NOT A DAY FOR CELEBRATING AUSTRALIA DAY, IT’S ABOUT MOURNING AND IT’S ABOUT RECOGNITION. IT’S NOT ABOUT CELEBRATING COLONISATION IT’S TO ACKNOWLEDGE ALL THE GRIEF AND LOSS THAT WE’VE HAD. THIS IS A GREAT WAY TO KEEP PEOPLE HONEST, BRING THEM TOGETHER AND HONOURING THAT WE RESPECT ABORIGINAL AND TORRES STRAIT ISLANDER RIGHTS.” KENNETH - WIRANGU

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Main Story

Kaurna Ancestors repatriated in ceremony at Wangayarta On 12 December 2023, members of the Kaurna community and supporters gathered at Wangayarta, the Kaurna memorial at Smithfield Memorial Park, to lay ancestors to rest in an emotional community-led reburial.

Following historic reburials in December 2021 and June 2022, this third reburial saw Kaurna Elders and young people work side by side to return their Old People to Country.

Many of these Ancestors were held by the South Australian Museum after being disturbed from burial sites in Norwood, St Peters, Walkerville, Campbelltown and other areas of eastern Adelaide in the late 1800s and into the 20th century.

Having now been returned to Country in Wangayarta’s eastern burial mound, they will be remembered and protected permanently, surrounded by a garden of native plants and landscaping designs that recognise the land of these Ancestors.

Wangayarta is a collaboration between Kaurna Yerta Aboriginal Corporation (KYAC), the South Australian

Uncle Jeffrey Newchurch, Uncle Moogy Sumner, and Drew Kilner.

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Museum, Adelaide Cemeteries and Department of Premier and Cabinet Aboriginal Affairs and Reconciliation.

This is a model pioneered by Kaurna that the South Australian Museum is now exploring with other communities in an effort to return Aboriginal Ancestors disturbed from across South Australia.

The eastern mound was prepared for the Ancestors during Wangayarta’s co-design process. During construction, Uncle Moogy Sumner spread soils from each corner of Kaurna Country so the Ancestors could be buried in the soil from where they were disturbed.

Uncle Jeffrey Newchurch was instrumental in the recent reburials at Wangayarta, indicating during an emotional speech at the ceremony that he was ready to pass the torch onto the next generation for future reburials.

Aunty Madge Wanganeen.

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Kaurna Elders and young people work side by side to return their Old People to Country.

“We make mistakes. Why we make mistakes, because it’s our young people, we want a better position for them. Those that have come before us, those that we’ve laid to rest,” Uncle Jeffrey said.

A member of the younger generation who participated in the repatriation, Drew Kilner, said he was working on ways to deal with the emotional toll of previous repatriations.

“The way I process from repatriation to repatriation is different because some of the stories, when you hear where these mob came from, how they became to be part of the museum’s collection changes and some of the stories are more horrific than others,” Mr Kilner said.

“That’s one of the things I had to experience and learn with my first one. I unfortunately had to put a one-year-old in the ground. I really struggled to deal with it and led to drinking etc.

“So, I’ve been dealing with that and moving through that, them feelings and not blocking them out, but letting myself feel them so they don’t bottle-up and come out in negative ways down the line.”

Several members of the Kaurna community vocalised a feeling of mixed emotions on the day of reburial, with Kaurna Elder and SA Museum Repatriation Officer, Aunty Madge Wanganeen, speaking publicly about taking part in her third repatriation event at Wangayarta.

Aunty Madge worked with the South Australian Museum on past repatriations and described a “beautiful feeling” at times when wrapping the Ancestors for the ceremony.

“At times when I do the wrapping it becomes overwhelming, but it’s extended now into the community,” Aunty Madge said.

Boxes that the Ancestors were stored in at the SA Museum before being returned to Country.

YOU KNOW WHEN THESE OLD PEOPLE WERE TAKEN, THEY HAD A PLACE OF BELONGING. THAT WAS ALWAYS THE HARDEST PART IN THE QUEST, TO DEVELOP HOUSES, TO MODERNISE SOCIETY. IT CAME AT A COST TO ABORIGINAL GRAVE SITES AND ABORIGINAL PEOPLE,” UNCLE JEFFREY.

Basil ‘Mulla’ Sumner.

“The journey has been hard for us Kaurna people, so it’s important to know we’re being recognised. Wangayarta brings us to everybody.”

Kaurna and Ngarrindjeri Elder, Basil ‘Mulla’ Sumner, called for further recognition for Kaurna community members who had been involved with the repatriation processes so far, a situation he acknowledged as difficult and important.

“They [Elders] travelled around the world bringing our people back [from institutions who took them without permission] and that’s not easy, it’s tiring. I’d like to see them being recognised for it, get a proper recognition for doing it,” Mr Sumner said.

“I felt good about bringing our Ancestors back home but there’s an anger bit with it too - why were they taken in the first place?

“So that anger will stay there too but I’m glad to see them slowly being returned home so their spirit can be at rest.”

Private land gifted to Narungga people A husband and wife have gifted their Yorke Peninsula property to the area’s Traditional Owners, who plan to use the site for camping and sharing cultural knowledge with younger generations.

Christopher and Janisse Underwood gave the land to the Narungga Nation Aboriginal Corporation hoping the prescribed body corporate could come up with their own vision for the property.

“We are getting to the stage now where we are a little bit too old to do much with it. We don’t consider it to be a gift, we’re just returning the land to the people who deserve it and know that it’s theirs,” Mr Underwood said.

The 79-hectare Foul Bay property is protected under the Native Vegetation Act, which means the native scrubland cannot be cleared or built on. Unlike native title land, Narungga people aren’t required to deal with other stakeholders to access or make decisions about the secluded peninsula property.

WE CAN BRING THE YOUTH BACK HERE SO THEY CAN LEARN ABOUT THEIR CULTURE AND THEIR DREAMING OF THE LAND. WE’RE DOING THIS FOR OUR KIDS AND OUR GRANDKIDS BECAUSE WE’RE NOT GOING TO BE HERE FOREVER.”

L – R/ Previous landholder Christopher Underwood, Narungga woman Jody Reid, Narungga man John Buckskin, landholder Janesse Underwood, SANTS lawyer Emily O’Connor, Narungga man Carlo Sansbury at the Foul Bay property.

Narungga man John Buckskin said he has immense respect for the Underwoods and called them “two beautiful strangers.”

“There are areas where our serenity and our spirituality remain and always will, but it’s then encroached upon by white colonialism. I feel at home here, I feel connected to the spirituality, and I want this to remain so for our children.”

Narungga woman Jody Reid said the site would be used like a classroom to transfer cultural knowledge to young people.

Narungga man Carlo Sansbury said, “we’re very thankful for Chris and Janisse for thinking of us and helping us connect back to Country.”

“I’d like to see a bit of shade, a yarning circle, and a fire space so our kids, Elders and individuals could come down.”

SA Native Title Services facilitated the handover, and the organisation hopes it will inspire more exchanges between landholders and Traditional Owners in the spirit of reconciliation.

Mr Buckskin said the moment marked an ongoing relationship between the Underwoods and Narungga people.

“I hope that we’ll continue the relationship for as long as we are all still on earth together and that your children will have a relationship with our children.”

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Historic Kingston SE project balances colonial lens A collaborative project between the First Nations of the South East and the South Australian/Kingston South East National Trust Museum aims to provide wider context to a controversial historical site at a new native garden in Kingston SE. In 1840, a large group of shipwreck survivors were killed by Aboriginal people on the Coorong. In 1966 a monument was installed to mark the massacre; however, it provided no detail of the historical context and controversial subsequent hanging of two Aboriginal men who weren’t given a fair trial.

The Telling the Whole Story project plans to integrate interpretive signs and a sculpture in the new native garden installation in Kingston SE to provide a more nuanced account of these events.

The initiative is led by Tanganekald, Meintangk and Bungandidj woman, Irene Watson, a law professor at the University of South Australia, and Alison Stillwell from the Kingson SE National Trust Museum.

Alongside elevating First Nations perspectives and voices on the historic issue, Professor Watson has a personal interest due to her family’s connection to the surrounding Country, specifically the Bungandidj heritage on her mother’s side.

After consultation with the National Trust and her own family, Professor Watson views the 1966 monument as a marker for colonial viewpoints of the time and said it was important to leave the original monument in situ as a historical thinking point.

“In our discussion it was acknowledged that this monument was a marker of time and to simply remove it would create a vacant space,” she said.

The new installations will sit alongside the 1966 monument which reads, “all survivors of the 1840 Maria shipwreck were murdered in a massacre by members of the Milmendura clan of the Tanganekald people of the Ngarrindjeri Nation.”

“There’s an interesting case that was presided over by Justice Cooper in the early colonial period, just after the event which raises questions of the status, the perceived status of Aboriginal peoples of that time,” Professor Watson said.

“Were we deemed an independent nation of peoples or mere savages in alignment with the principals of terra nullius - and thus open to colonial violence, which occurred widespread across the entire Australian continent?”

The SS Maria was wrecked off Cape Jaffa, on the Margaret Brock Reef on 28 June 1840, with all 26 people

THE 1966 MONUMENT MARKS A PARTICULAR LINE OF THINKING, WE THOUGHT IT WAS IMPORTANT TO LEAVE IT IN SITU; NOT TO RECOGNISE OR TO RESPECT IT, BUT TO REMEMBER”. on board managing to walk back along the Coorong in the direction of Encounter Bay. When news of the shipwreck survivors’ deaths reached Adelaide, a search party fronted by police commissioner Major Thomas O’Halloran was sent by Governor George Gawler with the aim of identifying up to three alleged culprits and hanging them on the spot.

The lack of a fair trial caused controversy amongst colonial settlers, with many vocalising the opinion that Aboriginal people were British subjects and should be privy to the same legal right to a trial.

Professor Watson highlighted the ongoing unfinished business around these arguments and the legality of how the government of colonial settlements justified this legal mechanism.

“Some of those more enlightened locals saw it as an illegal act, the hanging of Aboriginal men, and the massacre and murder of many others whose names will forever remain unknown because those massacres by the police were never recorded,” she said.

“It’s an ongoing conversation that I think will continue until we have more mature conversations about the need to reject the doctrine of terra nullius and have better conversations about the rights of Aboriginal people to selfdetermination.”

This review mentions the names of Aboriginal people who have passed.

Professor Irene Watson was drawn to the monument by the contested legal precedent and her family connection to the area. Photo supplied.

Book Review

The Wonder of Little Things By Vince Copley & Lea McInerney From growing up at Point Pearce Mission to rubbing shoulders with Muhammad Ali, The Wonder of Little Things is a personal story about an Elder who made a better country for Aboriginal people and all Australians.

The inscription on the existing 1966 monument to the survivors of the Maria shipwreck. Picture Kent Watson

In The Wonder of Little Things, Vince Copley shares anecdotes of heartbreaking loss and unbelievable tales of meeting royalty.

It’s a bittersweet story about a man who was larger than life.

We learn about Vince’s successful footy career, his work in the public service, and his travels around the world where he “noticed different things and listened a lot”. His global perspective made up for being a “real failure at school”.

He persevered through institutional racism at every stage of his life. From being refused help from two hospitals when his appendix was about to burst, to being rejected rentals due to the colour of his skin. Vince’s wife and rock, Brenda, convinced him to write a book with his friend Lea McInerny, so their kids could learn about his ability to keep going in the face of adversity.

His mother’s motto, ‘Always remember you’re as good as anybody else’, motivated him, not only in his personal life but in improving the lives of all Aboriginal people. Along with First Nations leaders like Charlie Perkins, Vince stood up for Aboriginal people and invited white Australians to be part of reconciliation.

Vince talks about how there was something in the water at St Francis House, a home for Aboriginal boys looking for an education in the city. Vince and Charlie built a lifelong friendship there and would go on to become changemakers for the Aboriginal rights movement. In the final chapter, Vince dreams of a country where Australians don’t see black or white – “all you see is a friend”. It’s a book that will inspire the next generation to keep his dream alive.

Vale Vince Copley. A renowned Elder with connections to Ngadjuri, Narungga, Ngarrindjeri nations.

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New national park allocated for the Mid North A significant portion of land has been handed to the SA government in an effort to facilitate the implementation of a 1,600 hectare national park on Ngadjuri Country.

Burra

New National Park

Clare

New National Park Hopkins Creek Conservation Park Worlds End Gorge (Burra Creek) Campsites Image by National Parks and Wildlife Service South Australia.

For several decades, Worlds End Gorge has been privately held and looked after by a farming family in the region.

This ended when renewable energy giant Neoen decided to purchase the land to offset the environmental impact of its wind farm, located near Burra in the Mid North region of South Australia.

The new national park will be jointly managed by the State and Traditional Owners, with a focus on utilising the space for recreational activities and conservation.

The land was donated in order to gain a Significant Environmental Benefit (SEB) offset for stage one of its Goyder Wind Farm project.

Significant Environmental Benefit (SEB) Grants fund the on-ground restoration of native vegetation in South Australia.

Several community groups will be taking responsibility for converting the released lands into a permanently preserved national park area.

The site is host to an abundance of wildlife and features several large waterholes – permanent geographical features that are uncommon in the surrounding area.

Burra Creek runs nearby, trawling the length of World’s End Gorge, with water reserves topped up by underground springs.

The released land will be combined with neighbouring Hopkins Creek Conservation Park in order to form the new park, with the state government currently working with Neoen and the community on a “detailed masterplan” to map out the future site.

Hopkins Creek Conservation Park

Auburn Saddleworth

Riverton

Eudunda

Groups involved with the project include Ngadjuri Nation Aboriginal Corporation, the local Country Fire Service, local volunteers and the Regional Council of Goyder.

These groups will be involved in an initial master planning process to help design the national park, its visitor access, and how it will be managed.

As part of the project, Ngadjuri Nation, will additionally name the park in recognition of its significance to their culture and history.

National Parks and Wildlife Service National Parks Programs Director, Jason Irving, said the land transfer marked an exciting opportunity to protect an important biodiversity and cultural asset, and create new opportunities for locals and visitors to experience a beautiful natural area.

“We will continue to work with Neoen and the local community towards creating a national park, which will be a unique and valuable biodiversity asset for the Mid North,” Mr Irving said.

“The gorge is a rare and beautiful place, we are thrilled that it will be protected and enjoyed by the local community, Traditional Owners and future generations of Australians,” he said.

The agreement commits Neoen to paying an annual sum to the state government over the next 30 years for conservation activities.

More information will be released as the community reference group is formed and the park begins to take shape.

Concept image supplied.

40 new homes announced for Aboriginal Elders A new housing development at Bedford Park is set to deliver 40 homes for Aboriginal Elders after contracts for the $12.17 million project were signed in January.

The project’s stakeholders include Aboriginal Community Housing Ltd (ACHL), Housing Australia, the South Australian Housing Authority, the Indigenous Land and Sea Corporation (ILSC), and the Kaurna Yerta Aboriginal Corporation (KYAC).

ACHL will oversee construction and provide tenancy management services upon the completion of the development, which is set to comprise 40 modern and culturally appropriate homes.

The Aboriginal Elders Village, named Purrkanaitya – Kaurna for “for all Elders” – was developed through extensive consultation with the Aboriginal communities and will provide a range of outdoor spaces for communal gatherings, including a culturally significant fire pit near Warriparinga.

Chair of Kaurna Yerta Aboriginal Corporation Tim Agius said, “Our Elders have needed a place like this for a long time, their needs can’t be met at a typical aged-care facility, and this village starts to fill the gap. KYAC is proud to be involved in the development

that will include homes and shared spaces that are culturally appropriate and close to an important Dreaming story. Our Elders deserve nothing less.”

ACHL National Manager Stacey Broadbent said, “This unique Village will provide long-term, social and cultural benefits to the residents allowing them to age comfortably while maintaining their independence in specially designed homes suited to their needs. With access to the Living Kaurna Cultural Centre, this Village marks a significant leap towards cultural inclusivity and tailored senior living.”

Construction is set to begin in August 2024, with the first residents expected to move in by the end of

2025.

SA First Nations Voice to Parliament Election Saturday 16 March 2024 Have your say on the future of our lands and community, and vote for who you want to represent you.

Find out how, when and where to

vote at savoiceelection.sa.gov.au or call 1300 655 232.

Scan the QR code to find out more.

Only South Australian Aboriginal and Torres Strait Islanders are eligible to vote in the SA Voice to Parliament Election.

Issue 93 Summer 2024

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Aboriginal Way South Australian Native Title Services

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Tiwi Islanders unsuccessful in SANTOS sea claim case A group of Tiwi Islander Elders have lost their Federal Court injunction against Santos, with the oil and gas giant now granted authority to continue their $5.7 billion pipeline project.

Photo by Environment Centre NT.

SANTOS was forced to halt work on their pipeline in November last year after a group of Tiwi Elders, represented by the Environmental Defenders Office, applied for an injunction to stop the development out of fear it would be disruptive to historical song lines.

The injunction was led by Jikilaruwu Traditional Owner Simon Munkara, outlining concerns that Santos hadn’t properly assessed whether its project would damage sacred Dreaming places and underwater cultural heritage sites along the 263-kilometre pipelines route.

The Federal Court heard evidence from 23 First Nations witnesses from either side of the dispute, with Justice Natalie Charlesworth concluding there wasn’t strong enough consistency in accounts given by those interviewed.

“I have concluded that evidence asserting that the song lines relate to or extend into the area of Sea Country through which the pipeline will pass is insufficient.

“The evidence establishes nothing more than a negligible chance that there may be

objects of archaeological value in the area of the pipeline route.”

Following Justice Charlesworth’s decision, Santos will be able to resume construction of the gas pipeline, sending gas to Darwin before it’s shipped as liquified natural gas to buyers in South Korea and Japan.

A group of Traditional Owners made the argument that Santos had neglected findings during their cultural heritage survey and that the pipeline had the potential to damage culturally significant underwater artefacts.

Specifically cited were the Crocodile Man and Mother Ampiji Dreaming and Songlines that the Tiwi plaintiffs wished to include as mitigated risks in Santos’ environmental management plan.

The court received both written and oral evidence from 23 First Nations witnesses from the Tiwi Islands, in roughly even numbers from both sides of the dispute, as well as 26 expert reports.

The Tiwi plaintiffs were represented by the Environmental Defenders Office (EDO), with CEO David Morris saying he had been inspired by the “great courage and strength” shown by the Tiwi applicants.

“The judgement was an exceedingly disappointing outcome for our clients,” Mr Morris said.

“We are still digesting the lengthy judgement and need to engage with our clients further before making any more comments.”

Despite a successful ruling, lead analyst at the Australasian Centre for Corporate Responsibility, Alex Hillman, viewed Santos’ recent track record of stalling projects as concerning for their economic viability.

“Investors should be asking serious questions about the governance of a company which has faced repeated legal challenges from local communities and Traditional Owners,” Mr Hillman said.

“Today’s decision does not mean it is all smooth sailing for Santos.”

The EDO Tiwi plaintiffs have been ordered to pay Santos’ legal costs.

THE CASE FOUNDED ON THE TRADITIONAL ACCOUNTS OF THE AMPIJI AND THE CROCODILE MAN WAS CHARACTERISED BY A SIGNIFICANT DEGREE OF DIVERGENCE AMONG RELEVANT TIWI ISLANDERS ABOUT THE CONTENT OF THOSE SONG LINES,” JUSTICE CHARLESWORTH.

Issue 93 Summer 2024

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First Nations callout for inaugural Biodiversity Act The SA Government is looking to better protect the state’s biodiversity protection laws with new legislation looking for maximum targeted consultation with First Nations peoples.

South Australia currently has more than 1,100 native plant and animal species being threatened by the looming threat of extinction.

This can be attributed to a decline of biodiversity directly linked to the impact of European colonisation, with habitat loss, pollution, invasive species and climate change contributing heavily.

The decline of biodiversity in South Australia is directly linked to changes that have occurred since European colonisation, such as habitat loss, land-use practices, pollution, invasive species, and climate change.

The new Biodiversity Act will aim to integrate the objectives of the Native Vegetation Act, the National Parks and Wildlife Act and the Landscape South Australia Act. South Australia does not currently have a dedicated Act to protect biodiversity, which has led to gaps in some environmental protections.

The Act will seek to uphold the rights of First Nations peoples by aligning with key international commitments, such as the United Nations Declaration on the Rights of Indigenous Peoples, alongside various protocols such as the Nagoya Protocol under the Convention on Biological Diversity.

Department for Environment and Water (DEW) Principal Legislation Officer, Brett Simes, said he wanted people to feel encouraged to head along to upcoming workshops throughout the consultation process and have their say.

“We’re reaching out initially through First Nations groups and prescribed body corporates - which is really the start of the discussion with First Nations peoples,” Mr Simes said.

“This piece of legislation which will hopefully be the first nationally, if not internationally, to properly recognise First Nations involvement in this space.

“We do have existing legislation but it’s a little bit disjointed in parts and over several areas of current Acts. This one pulls a bit of that together to offer better protection in the longer term.”

Environmental scientist Tim Jarvis has been working with DEW on the Act and said he was particularly keen to see leading environmental indicators addressed early to ensure preventative action could be taken to properly protect SA’s biodiversity.

“The idea of biodiversity is a recent construct where we’ve come up with a word to describe anything other than human society and culture, the reality is we’re part of it and need to learn from First Nations people how to better manage things,” Mr Jarvis said.

Ngadjuri Country.

“In NSW there was a review of the biodiversity act over there and one of the shortcomings was that they didn’t listen to what First Nations people had to say and we don’t plan to repeat that.

“I think it’s incredibly important that we listen to what First Nations people have to say so that we can recover what we’ve lost.”

DEW Conservation and Wildlife director, Lisien Loan, said the Biodiversity Act will seek to develop legislation that can be implemented for generations to come.

“First Nations perspectives and knowledge of Country can provide a meaningful contribution to address the biodiversity crisis more effectively, and First Nations people are the custodians of that knowledge,” Ms Loan said.

“We will also draw on our existing relationships with the range of First Nations groups that we are already working with across the state. These conversations with First Nations peoples will inform what is proposed in the new law.

Workshops are scheduled to be held in Adelaide, Ceduna and the Riverland in the early months of 2024.

The proposed Biodiversity Act seeks to secure, restore and grow biodiversity by: Acknowledging First Nations peoples’ living knowledge and practice for managing Country.

Recognising that First Nations peoples’ knowledge of Country can contribute significantly to reversing biodiversity decline.

Identifying important species, including plants and animals that have cultural value or importance to First Nations peoples, to ensure they are protected and used sustainably.

Including First Nations peoples in making decisions and providing advice on matters concerning biodiversity to the Minister responsible for the new Biodiversity Act. Avoiding and minimising impacts to biodiversity.

Identifying threats to biodiversity and managing them.

Incentivising actions to protect or regenerate SA’s biodiversity, and strengthening penalties for biodiversity harm.

N o r t h e r n

T e r r i t o r y

Tjayiwara Unmuru Compensation Application

Irrwanyere Mt Dare Native Title Determination Eringa Part A Wangkangurru/Yarluyandi Proceeding Part A Proceeding

Tjayiwara Unmuru Native Title Claim Eringa

Legend Native Title Determination Area (NNTT name shown)

De Rose Hill Compensation Application De Rose Hill

Eringa No. 2 and Wangkangurru/Yarluyandi

MI NTA B IE

( !

Oodnadatta Common Overlap Proceeding

Yankunytjatjara/Antakirinja

External boundary of Native Title Applications coloured (NNTT number and name shown)

Dieri No. 3

Land Tenure

Yandruwandha/ Yawarrawarrka Native Title Claim

The Wangkangurru/ Yarluyandi Native Title Claim

Q u e e n s l a n d

W e s t e r n

Aboriginal Way South Australian Native Title Services

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Dieri

Arabana People ( !

CO O B E R P E DY

Adnyamathanha No 1 - Stage 3

Reserve/Park

SP2022/001 Antakirinja Matu-Yankunytjatjara Aboriginal Corporation RNTBC

( !

LE I G H C RE E K

NC2022/002 Malyangapa Combined Proceedings

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Adnyamathanha People No. 2

Adnyamathanha No. 1

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Wirangu People Part A CE DU NA

SC1997/006 Wirangu No. 2 Native Title Claim ( ST RE A K Y B AY !

( ! ( !

SC2018/001 Nauo #3

SC2021/003 Wirangu Sea Claim #2 Wirangu No 2 (Part B), Wirangu No 3 (Part B), Wirangu Sea Claim #2 and Nauo #3

Kilometres

Geocentric Datum of Australia 2020

SC2021/004 Brenton Weetra and Ors and the State of South Australia (Nauo #4)

Nukunu Part A

( ! ( !

PO R T PI R IE

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PE T ER B O RO U G H

JAM E S TO W N

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Barngarla Native Title Claim

Nauo People

SC2012/001 Wilyakali Wilyakali

Ngadjuri Nation #2 SC2011/002 Ngadjuri Nation #2

( !

First Peoples of the River Murray & Mallee Region

CL A RE

SC1997/008 Nauo

PO R T LI N CO L N

( !

SC2016/003 Nauo No. 2

Narungga Nation Native Title Claim

(BE R RI !

Kaurna ADEL AI DE Peoples ! ( Native Title Claim

SC2019/001 First Peoples of the River Murray and Mallee Region #2 ( MU RRA Y B RI D G E !

Ngarrindjeri and Others Native Title Claim

SC2017/001 First Nations of the South East #2 SC1998/004 Ngarrindjeri and Others Native Title Claim

South Australia Native Title Applications and Determination Areas As per the Federal Court (31 December 2023)

( !

BO R DE RTO WN

( KI N G S TO N S . E. !

SC2017/002 First Nations of the South East #1

MO U NT G AM B I E R

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Issue 93 Summer 2024

nativetitlesa.org/aboriginal-way-news

V i c t o r i a

Prepared by: Geospatial Services, National Native Title Tribunal 16/01/2024

WH YA LL A

Adnyamathanha, Ngadjuri and Wilyakali Overlap Claim

Q UO RN

PO R T A UG U S TA

Barngarla (Port Augusta Proceeding)

Adnyamathanha No 1 - Stage 2

Nukunu (Area 2)

W a l e s

SC2019/002 Wirangu #3

Adnyamathanha People Native Title Claim No. 3

Gawler Ranges People

S o u t h

WO O M E RA

SC2016/001 Far West Coast Sea Claim

200

RO X B Y D O WN S

Kokatha People (Part!( A)

Far West Coast

100

Adnyamathanha People No. 1 (Stage 1)

Adnyamathanha People No. 1 (Angepena Pastoral Lease)

Antakirinja Matu-Yankunytjatjara

0

Dieri No.2 Native Title Claim

Arabana No 2 - Part 1

N e w

A u s t r a l i a

Aboriginal Freehold