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Implementing the Uluru Statement from the Heart: Voice, Treaty, Truth

Premier backs Barngarla Traditional Owners

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In Focus: Yandruwandha Yawarrawarrka

Historic parks co-management agreement

A publication by South Australian Native Title Services

Issue 88 | Spring 2022

Decoy ducks return home to Riverland after decades in the US See article on page 8

Aboriginal Way | A publication by South Australian Native Title Services

Implementing the Uluru Statement from the Heart: Voice, Treaty, Truth

Since stepping into power back in May, Prime Minister Anthony Albanese has made it clear that a First Nations Voice to Federal Parliament, a major component of the Uluru Statement from the Heart, would be a key priority for his incoming Labor Government. The two other crucial components of the Statement, treaty (sovereignty) and truth (the Makarrata Commission), are also on the agenda, but an Indigenous Voice enshrined in the constitution to provide advice about decisions affecting the lives of First Nations people has taken precedence, with Prime Minister Albanese committing to holding a referendum about it in his first term of government, likely sometime next year in 2023. Without support from the major sides of politics, a referendum would have little chance of passing. For it to succeed, it must win both the majority of states, and a majority of people within those states. Since Australia’s federation in 1901, only eight of 44 referendums held have been successful.

Above left: PM Anthony Albanese unveils referendum question at Garma Festival. Photo: ABC News Michael Franchi. Above right: Minister for Indigenous Australians Linda Burney. Photo: Matt Jelonek via Getty.

While it is still being determined what a Voice to Parliament would look like and how it would work, Minister for Indigenous Australians, Wiradjuri woman Linda Burney, told Aboriginal Way it will require proper discussion and consultation right across the country, as it belongs to the people.

“This is a project that belongs to the Australian people. It’s not owned by any government; it’s not owned by any parliament. It is a massive challenge to represent all nations. There will be many debates and many discussions on representation, but we want the Voice to be as representative as possible.” In response to concerns that the Voice could end up being a ‘third chamber’ of parliament, Prime Minister Albanese has stated that the Voice would not sit on top of or even to the side of government, but will instead offer inbuilt consultation, negotiation and advice across issues that directly affect the lives of First Nations people across all of parliament. “It doesn’t seek to usurp the power of the parliament. What it seeks to do, though, is to break with what I call ‘the tyranny of powerlessness’ that First Nations’ people have suffered from [for more than] 121 years of the Commonwealth making decisions in Canberra without having respect and without having consultation with First Nations’ people themselves,” he said.

The Labor Government has drafted the following question for Australians to answer in a referendum, which Prime Minister Albanese released during Garma Festival in July: “Do you support an alteration to the constitution that establishes an Aboriginal and Torres Strait Islander Voice?” Legal consultations are currently underway by the University of New South Wales Indigenous Law Centre, the Law Council of Australia and the Australian Association of Constitutional Law, with workshops across the country testing the draft wording from a legal perspective to ensure the final wording is clear and concise. At the end of September, the Minister for Indigenous Australians, the Special Envoy for Reconciliation and the Implementation of the Uluru Statement from the Heart, the Attorney General, and the Assistant Minister for Indigenous Australians met with the Referendum Engagement Group (the Group) for the first time, in an historic gathering bringing together more than 60 First Nations leaders and representatives of key organisations from across Australia. An important part of the Referendum Engagement Group’s role will be to engage with communities to build understanding, awareness and support for a successful referendum. The Prime Minister attended the meeting and spoke of the Government’s commitment to implementing the Uluru Statement from the Heart, and emphasised the gift of 60,000 years of culture to Australia, and the improved outcomes when First Nations people have a say on the policy and programs affecting them. The Group discussed what more could be done to ensure Australians understand the Voice, and how best to build support in communities, highlighting that First Nations people have a unique place in the shared history of this country, and extending the invitation to all Australians on the journey of understanding. The Group acknowledged the need for tailored and specific information, including in First Nations and multicultural languages to support communities in this important nation uilding project. They noted the importance of ensuring First Nations people are enrolled and have the opportunity to vote, and agreed to invite the Australian Electoral Commission to present at the next meeting. Equality Australia presented on the success of their campaign for marriage equality and their experience of working with communities and the importance of respectful dialogue. Members of the Group are unified in working together and with Government towards a successful referendum, aware that this is a once-in-a-generation opportunity to recognise Aboriginal and Torres Strait Islander people in the Constitution in a meaningful way, and will meet again before the end of the year to continue their work.

Issue 88 | Spring 2022

Recent data shows that a clear majority of Australians support enshrining a Voice in the nation’s constitution, with Nine Entertainment publishing results from a survey conducted by the Resolve Political Monitor for newspapers The Sydney Morning Herald and The Age on 26 September. According to the poll, 64% of their 3,618 eligible voters responded saying they would support “an alteration to the Constitution that establishes an Aboriginal and Torres Strait Islander Voice”. Support was the strongest in Tasmania at 73% and the weakest in Queensland, at 59%. Statistics from The Australia Institute show that support for a vote on an amendment to enshrine the Voice in the constitution had jumped from 58% to 65% in just one month from June to July this year. The number of people voting no or who were unsure or didn’t know both dropped during this time.

The latest data available from ABC’s Vote Compass is from earlier in the year tells a similar story with 73% of respondents agreeing “strongly” or “somewhat” that there should be constitutional change to give Indigenous Australians a greater say over their lives.

The most recent data was released as a new television advertisement, known as the History is Calling campaign, was launched by the designers of the Uluru statement to encourage votes for constitutional change. The emotive advert depicts Pitjantjatjara and Nyungar man Trevor Jamieson telling children around a campfire how Australians from all walks of life helped First Australians with 60,000 years of history and 363 languages achieve a national voice; a say on issues that affect them.

His story is interwoven with families, tradies, sports players, and dancers having this conversation amongst themselves. “Is that story true?” a little boy asks at the end? “It could be,” says Trevor. Ms Burney told Aboriginal Way what she would say to convince an on-the-fence voter to vote in favour of giving an Aboriginal Voice to Parliament. “The issues in Aboriginal affairs have not changed very much,” she said. “What we’ve been doing so far has not worked, so why not try something different; to get better advice, better direction, better legislation that will affect the lives and the outcomes for Aboriginal and Torres Strait Islander Australians. Everyone has a part to play in that.” Ms Burney also said that truth helps a country grow up, and she believes Australia is ready for the next steps. “I do think Australia is ready and desiring truth-telling. I sense there is a new dawn in Australia where more people are interested in Aboriginal affairs, you only have to listen to the media to know that. The fact that there are so many First Nations people now that are playwrights, authors, poets and leading sportspeople in every endeavour in Australia, including the political arena. Now that doesn’t mean to say that there aren’t enormous problems. Of course, there are, you only have to look at the social justice outcomes that our people suffer under housing, child removal, and life expectancy, just to name a few. But there is a hunger and desire in the Australian population to understand the truth and the full history of Australia.” There are plenty of critics of the Voice to Parliament, one of the most vocal being Northern Territory Senator Jacinta Nampijinpa Price, telling Q+A she will “probably not” be working to support a referendum on the issue. “I’ll be completely honest: there are more pressing issues,” Senator Price said before listing education funding in Alice Springs and little being done about alcohol making its way back into Indigenous communities as two more pressing issues. “…my biggest concern with this idea of a constitutionally enshrined Voice to Parliament is it’s another bureaucracy. I wouldn’t want to see us divided up along the lines of race in that regard, and I don’t want to continue to pour money into an industry that has been driven on the back of the misery of Indigenous Australians and propping up another bureaucracy,” she said. “It’s not something new. It’s just enshrining a bureaucracy into the constitution. And if there are bureaucracies that have failed and [people] have not been accountable, how are we going to adjust this, which will exist in the constitution and can’t be dismantled should it fail?” Ms Burney disagreed with this, “What we are talking about here is a permanent voice that no government can get rid of, that’s why enshrinement is so important. And when it comes to another bureaucracy, it is going to be a body that we will consult with - you and everyone else - on what it will look like and how it will operate.”

Our nation has also never seen a treaty a formal, legally binding agreement between two or more entities - negotiated between Aboriginal and Torres Strait Islanders and the Commonwealth. While some states have already got started on their own treaty and truth process, Ms Burney urges us to keep in mind that treaties are complex agreements and take a long time to get right – and that we need to keep moving forward as a nation in the meantime. “There are a number of treaty processes underway; in South Australia, in Victoria, they have just started the process in the Northern Territory and in Queensland,” said Ms Burney. “Treaties are complex; they’re difficult, and they take a long time to negotiate. In any treaty you’ll find that the partners involved usually have to forgo something to arrive at an agreement about a particular issue. They take years to negotiate. You look at the most recent contemporary treaty-making process which was in British Columbia in Canada – that took something like 13 years. They’re important – but they are things that you do not rush.” “I would hate to take a position where you say treaty first. I believe in treaty and I think Australia will get there. However, that would mean putting off the Voice for over a decade, and I wouldn’t like to see that, because the Voice is about giving First Nations people a say on issues within parliament - legislation, policy - things that affect directly the lives of First Nations people. Things like Native Title legislation, Aboriginal heritage laws, the age of criminal responsibility. The list goes on. I would hate for Aboriginal and Torres Strait Islanders not to have a say on that because we’re pursuing treaty first. I think we can do them both at the same time; it’s not one or the other, it’s all of them.” Ms Burney went on to say that when the Makarrata Commission was established, Commissioners were appointed, and it will be their role to ensure that what is taking place at a Commonwealth level is not duplicating, holding up or impeding what is happening for each of the states and territories. “I think they can be very complimentary.”

South Australia Our state appointed an inaugural First Nations Voice Commissioner, Dale Agius, in August. He has since toured the state to gather feedback from Aboriginal communities on how an enshrined Voice to Parliament could be established and how it would actually work to provide better outcomes for Aboriginal people in SA. Following consultations, Mr Agius will inform the South Australian Government of the feedback, which will help inform the development of a bill to enshrine Aboriginal voice in state parliament. Learn more about Voice to Parliament at Ulurustatement.org Listen to our full interview with Linda Burney at Can a Voice to Parliament represent all First Nations? Linda Burney answers | SA Native Title (nativetitlesa.org)

Aboriginal Way | A publication by South Australian Native Title Services

Letter from the Editor: This is your business Prime Minister Anthony Albanese is yet to set a final date, but has publicly committed to holding a referendum about a Voice to Parliament in Labor’s first term of government, likely next year in 2023. Enshrined in the Constitution, a Voice to Parliament will enable us, First Nations people from right across Australia, to finally have a say in the federal policies and laws that affect us. Whether you are Aboriginal or Torres Strait Islander or not, you can have a say in making this happen. We as First Nations Australians will only have this opportunity if the wider Australian public give it to us. Current policy-making does not have a systemic process for Indigenous Australians to provide advice, so policies are often made for our people, rather than with them. A Voice to the South Australian Parliament may not be far behind, with our inaugural First Nations Voice Commissioner, Dale Agius, recently touring the state to gather feedback from Aboriginal communities about how they want it to work, which will inform the bill which will be put to parliament. There are a number of other ways you can get involved in other important, topical issues too.

There are a number of issues currently facing Aboriginal and Torres Strait Islander people on a National and State level. It’s important we all get involved and participate in these matters where we can to have our say on issues that affect us. You may soon be asked the following question in a referendum:

“Do you support an alteration to the constitution that establishes an Aboriginal and Torres Strait Islander Voice?”

The First Nations Heritage Protection Alliance is a coalition of First Nations member organisations from across the country who work together to improve protections for our precious cultural heritage. I encourage you to consider joining this Alliance, find out more about it on their website: culturalheritage.org.au

South Australian Native Title Services Level 4 345 King William Street Adelaide SA 5000 Editor Keith Thomas Communications Officers Caleb Sweeting Joy Lothian Designer Alison Fort 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.

The First Nations of SA Aboriginal Corporation (FNSAAC) is the peak body for First Nations across SA made up of representatives of Prescribed Bodies Corporate (PBCs). FNSAAC has the authoritative voice on issues relating to South Australian Aboriginal people’s native title, heritage and other matters concerning their land and waters. To sign up as a PBC or find out more, you can contact melissar@nativetitlesa.org Finally, the National Native Title Council (NNTC) is the peak body for the native title sector. Through the native title system, the Council advocates for the rights and interests of all First Nations people. SANTS encourages PBCs to join as members for the opportunity to add their voices to the national dialogue about native title rights and interests, PBCs, heritage and other matters impacting Aboriginal and Torres Strait Islander people. Visit their website to become a member at nntc.com.au/our-members/ become-a-member/. As Uluru Dialogue Co-Chair Pat Anderson AO has said;

“Silence never made history and History is Calling. It’s up to Australians to answer.” What will be your answer?

www.nativetitlesa.org

Cover image: Constructed from fabric and canvas and stuffed with unknown material to give them their shape, the decoys were painted with natural pigments and then sealed..

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

Issue 88 | Spring 2022

Aboriginal Way | A publication by South Australian Native Title Services

Update Native title claims update Active claims

Department for Child Protection

Aboriginal Child and Youth Worker, Pool Are you interested in working with children, young people and families in South Australia who need it most, in a role that is both challenging yet highly rewarding? Then consider applying for the Child and Youth Worker role. As part of this role, you will receive: • • • •

A competitive salary ($64,636 – $68,886 per annum) plus superannuation and relevant penalties Be paid to complete a Certificate IV nationally accredited qualification Be allocated a mentor and undertake shadow shifts to build your confidence and develop your skills Receive ongoing learning and development

As a Child and Youth Worker, you will be part of a team contributing to improving the social and living skills of children and young people in residential care (both Aboriginal and non-Aboriginal), and assist in their effective transition into the community and/or reunification/ reconnection with their families, family-based care providers or other suitable care options

Walka Wani Oodnadatta No.1 and No.2 and Arabana No.2 Judgment 21 December 2021 is the subject of Appeals. Wirangu No.2, Wirangu No.3 and Wirangu No.4 Sea claim Timetable for determination by second and third quarter of 2022/2023. Nauo/Nauo No.2/Nauo No.3 /Nauo No.4 Timetable for determination by second and third quarter of 2022/2023. Malyankapa Mediation successful. Trial vacated. Far West Coast (FWC) Sea claim Trial completed and judgment is reserved. First Peoples of the River Murray and Mallee No.2 Responding to State assessment of native title report. Yandruwandha Yawarrawarrka Trial is part heard.

Other claims Ngadjuri No.2 and Wilyakali No.1 Ngadjuri and Wilyakali have now been offered consent determinations. Position paper and draft CD circulated to respondents. First Nations of the South East No.1

Supporting our Aboriginal children and families in DCP

Discussions regarding the effect of various grants on native title continue.

Department for Child Protection (DCP) is committed to ensuring that Aboriginal children in our care have the opportunity to have connection, culture, community, spiritual identity and that we support traditional ownership of the land through respect and celebration by the people around them and those who care for them.

First Nations of the South East No.1 and No.2 and Ngarrindjeri

For further information about the role and enquiries relating to the pool, please contact the DCP Recruitment Team at DCPRecruitment@sa.gov.au.

To submit your application please visit iworkfor.sa.gov.au and search for reference number 490893.

Mediation outcome waiting to be ratified by communities. Narungga Nation Compensation matters continue to be negotiated.

Issue 88 | Spring 2022

Mining at Lake Torrens overturned in win for Barngarla The Barngarla Determination Aboriginal Corporation (BDAC) has been successful in its Supreme Court judicial review to stop mining at the sacred Aboriginal site of Lake Torrens, though the mining company has since filed an appeal against this judgement. In December 2020, South Australian premier and Aboriginal affairs minister at the time, Steven Marshall, granted mining company Kelaray Pty Ltd, a subsidiary of Argonaut Resources, authority to damage or interfere with the site under section 23 of the Aboriginal Heritage Act 1988. Marshall set out his expectations for heritage protections in a letter to Kelaray, who would be targeting iron oxide copper gold deposits at the Murdie Project on Lake Torrens by drilling more than 1000 holes and establishing a campsite for workers nearby. A document obtained by SA Native Title Services under freedom of information laws at the time revealed that Marshall’s decision overruled a recommendation from his own department, advising that it was “not possible to mitigate against the impacts the exploration program will have on the intangible Aboriginal heritage values at the site”, and that allowing drilling at Lake Torrens could cause “potential risk to archaeological heritage” and “hurt, sorrow and sickness” to Traditional Owners. Marshall said his approval was a continuation of an approval first granted by the Weatherill Government. The second largest Salt Lake in SA, Lake Torrens is recorded on the South Australian Government Register of Aboriginal Sites and Objects as a site of significance according to Aboriginal tradition and anthropology.

Above: Lake Torrens from above. Image courtesy of Tony Major, National Parks and Wildlife Service South Australia.

A judgement handed down by Chief Justice Chris Kourakis in late August however, found that this authorisation was inconsistent with section 20 of the Aboriginal Heritage Act, which states that discovery of Aboriginal sites, objects or remains must be reported “as soon as practicable” to the minister. Justice Kourakis’s ruling said that Kelaray’s heritage plan meant the company was effectively able to damage or interfere with Aboriginal objects, because it could consult with anthropologists and other experts of its choice, and therefore continue with works before the Minister was informed of any discoveries. “True it is that Kelaray would still be liable to prosecution for failure to comply with [section] 20 of the Aboriginal Heritage Act despite the grant of the authority,” said Justice Kourakis. “However, allowing Kelaray to remove, and interfere with, an item of Aboriginal heritage without first complying with [section] 20, substantially diminishes the power of oversite and review by the Minister and puts items of Aboriginal heritage at risk.” BDAC Chair Jason Bilney said this was a win for cultural heritage preservation.

“Ever since the horrible destruction of Juukan Gorge, we knew that if we didn’t stand up for ourselves as Barngarla People, Government and industry would walk all over us. Everyone tried to stop us saving Lake Torrens. The mining company didn’t care, the Government didn’t care, even the regulator ORIC tried to stop us from having this fight and trying to save our sacred site. This just proves that when you stand [up] as First Nations People, you can achieve anything.” In an announcement to ASX at the time, Director and CEO of Argonaut Resources Lindsay Owler, said the company “notes that the majority of the application as pressed by members of the Barngarla Determination Aboriginal Corporation was dismissed and that the review succeeded only on a very limited basis.” “Mining should never have been approved on Lake Torrens,” said Jason Bilney. “Now that we have won this judicial review in the Courts, we can focus all of our attention onto the other judicial review to overturn the nuclear waste dump on our country.” Jason Bilney has since notified Aboriginal Way that Argonaut Resources launched an appeal against this decision in midSeptember. “Counsel for Kelaray considered the judgement and advised that there were grounds for appeal,” said Mr Owler in an ASX announcement at the end of September. “An appeal has been filed with Supreme Court of Australia’s Court of Appeal.”

Aboriginal Way | A publication by South Australian Native Title Services

Decoy ducks return home to Riverland after decades in the US

River Murray and Mallee community members.

Three decoy ducks, designed for use in hunting by the First Peoples of the River Murray and Mallee community, were returned home in October after spending over 50 years in the United States of America. Research by the Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS) has established that the decoys were created by Robert Joseph Tarby Mason, known as ‘Old Joey’ or ‘Uncle Tarby’, of the Nganguruku and Ngarkat language groups. He lived alongside the River Murray at or near Waikerie and was well known for this kind of work. Constructed from fabric, probably canvas, and stuffed with unknown material to give them their shape, the decoys were painted with natural pigments and then sealed. The bottom of each duck appears to have a thin disc of wood coated in resin. Additionally, there is a single eye in the base of each that secures an iron weight via a string. In the 1940s, local publican Donald Keith Cook purchased the three ducks and eventually passed them to his daughter, Jennifer Cook, who now lives in New York. Ms Cook, who initiated this return, recalls travelling with her father to purchase the decoys from ‘Old Joey’ and hearing him speak of his ‘secret recipe’ for creating the pigments used.

AIATSIS received the decoys in November 2021 from the Kluge-Ruhe Aboriginal Art Collection of the University of Virginia, which had held them under a temporary loan agreement with Ms Cook. An extensive research effort by the AIATSIS Return of Cultural Heritage team led to the identification of the creator and the community to which he belonged. The River Murray and Mallee Aboriginal Corporation (RMMAC) organised a return event in Berri with assistance from South Australia Native Title Services (SANTS) and AIATSIS. A wide range of community representatives and local figures gathered to celebrate the handover and return. “River Murray and Mallee Aboriginal Corporation welcome the return of significant cultural heritage artefacts to the First Peoples of the River Murray and Mallee,” RMMAC said on behalf of the community. “It has been a long and exciting journey waiting for the ducks to migrate back home. Returning from overseas is significant and their story is an opportunity to share cultural knowledge to the wider community.” “The repatriation of the decoy ducks to the First Peoples of the River Murray and Mallee is a wonderful expression, which recognises the importance of returning Aboriginal cultural artefacts to Aboriginal people,” SANTS CEO, Keith Thomas said. From her office in Canberra the Hon Linda Burney MP, Minister for Indigenous Australians, noted the significance of the return. “I commend AIATSIS for the work it has undertaken with the donor Jennifer Cook and the University of Virginia, USA to secure the return of these objects,” Minister Burney said. “These little decoy ducks tell a fascinating story of Indigenous hunting practices in the River Murray and Mallee Regions of South Australia. The return after more than 50 years will support the transfer of cultural knowledge for future generations.”

Research by AIATSIS found the ducks were created by Robert Joseph Tarby Mason, known as ‘Old Joey’ or ‘Uncle Tarby’ (pictured right).

AIATSIS CEO, Craig Ritchie, said research into the provenance of the duck decoys had provided the opportunity to learn much more about the cultural history of this section of the river. “Community Elders shared with the AIATSIS team stories about how their ancestors found sustenance along the river,” Mr Ritchie said. “The decoys are based on Pacific Black Ducks, which are very common in the area. “Elders spoke about their memories of ‘Uncle Tarby’, who was born in the early 1900s at Manunka Mission on the banks of the River Murray and died in 1974. He is remembered as a man who enjoyed talking and sharing information about his culture and people. “These decoys are practical, everyday tools. But they also record local history and the culture behind that history. The return of these decoys to Country is a very practical measure for fulfilling the AIATSIS purpose in strengthening and promoting knowledge and understanding of Aboriginal and Torres Strait Islander culture and heritage.” The three decoy ducks will be displayed in the RMMAC office in Berri.

Issue 88 | Spring 2022

AIATSIS Deputy CEO Len Hill, Faith Morgan, and Christine Abdulla.

John Varcoe Burgoyne, Frances Varcoe and Hienz Varcoe Burgoyne.

Uncle Edward Lindsay.

Shaun Angeles and Heath Garrett from the AIATSIS Return of Cultural Heritage team handover the duck decoys to RMAAC.

SA Native Title Services CEO Keith Thomas.

Sheryl Giles.

RMAAC Ranger Coordinator Fiona Giles.

In Focus

Aboriginal Way | A publication by South Australian Native Title Services

Yandruwandha Yawarrawarrka Traditional Land Owners Aboriginal Corporation

We put a magnifying glass on Aboriginal groups who are creating exciting social and economic developments for their communities. Yandruwandha Yawarrawarrka Traditional Land Owners Aboriginal Corporation (YYTLOAC) are the native title holders of far north-east South Australia. Their native title rights and interests were recognised after a successful native title determination in December 2015. YYTLOAC Chairperson, Teresa Gallo, says the corporation’s recent focus is putting its footprints back on Country. The PBC has achieved this by launching a light show and a self-guided audio tour.

Above: Padla Ngalungga Kinipapa (Cooper Creek, Our Country light show. Opposite page, left to right: The Burke and Wills Dig Tree; Teresa Gallo, Cindy Schaffer, and Leslie Harris Jr.; YY’s walking tour app; Burke’s Grave Site.

On the banks of the Cooper Creek near Innamincka, Teresa tells Aboriginal Way how proud she is of the light show called Padla Ngalungga Kinipapa (Cooper Creek, Our Country), which launched during the July school holidays. “On opening night, we had probably over 200 people at Innamincka, which is great considering the population is around 20.” A YYTLOAC working group and South Australian Native Title Services (SANTS) worked in partnership to deliver Padla Ngalungga Kinipapa. SANTS helped YYTLOAC successfully apply for funding from the Australian Government’s Heritage Grants program, which paid for projection equipment and consultants to record oral histories and animate artworks. “The illumination project was well accepted from the very first concept. The Progress Association, which is the governing body of Innamincka, accepted openheartedly because they knew it would bring people into town.” “We spent some time putting together a working group, which consisted of four of the directors from YYTLOAC, and we contracted Illuminart to put the production together. Over 18 months we did a lot of Microsoft Teams catch-ups and meetings in Adelaide, everything else was done through emails.” YYTLOAC also developed a self-guided GPS audio tour of the Burke and Wills sites. By following the path set on the app, tourists can listen to Traditional Owner voices at the Dig Tree and Burke’s Grave Site.

“You need to download the GPS app before you get to the site, then you press play. There are certain points along the trail that share information about our ancestors; we tell a story about the Burke and Wills expedition and how they interacted with the local people and how we take care of our Country. “We don’t have any of our traditional people living out here, they were all dispersed in the early years, so the light show and app are ways that we can show this is YY Country.” The next YYTLOAC project is an accommodation precinct overlooking the Innamincka township. After four years of consultation with the Innamincka community, the first stage is an 8-person accommodation block and four glamping tents set to be constructed in 12 months. “One of our main focuses for our community is to be able to offer an accommodation base for our people. It brings that connection back for them to come out and visit Country. On the flip side, we’re going to be adding some glamping tents to offer a new experience to tourists that won’t encroach on the existing accommodation.” “We’re also planning to build a playground for children at Innamincka in the next 12 months. We’re hoping to offer a barbecue area with shelters and a nature garden with a boardwalk.” “Once we achieve these projects, I think enjoyment will go through the whole community. Having Traditional Owners back out here is important because tourists can ask us questions and we can educate them. It’s about putting our footprints back on Country.”

Issue 88 | Spring 2022

Unceded Seeded Unceded Seeded or Ngampa, which means yam daisy (a perennial root vegetable that is a staple food source for Kaurna) in Kaurna language, is a new artwork that will be on public display semi-permanently for the next few years outside Guildhouse, in Adelaide’s CBD. The neon sign was designed by South Australian First Nations visual artist Brad Darkson, in consultation with senior Kaurna woman Aunty Lynette Crocker. “Unceded Seeded (Ngampa) references the land on which the artwork is installed. It acknowledges the Kaurna culture that has always existed within the land, and it highlights the need for everyone to walk together and work together in healing Country. This is not just a job for First Nations people, and everyone that resides on Kaurna land can celebrate and partake in practicing Kaurna culture. Everyone can feel a sense of custodianship for, and kinship with, the land.” – Brad Darkson. Listen to our podcast with Brad about his work at nativetitlesa.org/unceded-seeded-ngampa/

Aboriginal Way | A publication by South Australian Native Title Services

Premier backs Barngarla Traditional Owners in fight against Napandee nuclear waste dump Premier Peter Malinauskas has spoken out in support of the Barngarla people, who have been fighting to stop a proposed nuclear waste facility being built on freehold lands near Kimba on the Eyre Peninsula, although he’s admitted his government does not have the power to stop it. “Ultimately, the nuclear waste facility is a matter for the federal government,” Premier Malinauskas said during the state government’s recent country cabinet tour. “However, the state government’s position is that the local Indigenous community should have the opportunity to have a veto on this proposal. “While the state government doesn’t necessarily have the legislative ability to act, the government does have the ability at a political level to raise concerns where relevant.” The Barngarla Determination Aboriginal Corporation (BDAC) has opposed the dump which would store low-level nuclear medical waste, currently

spread across more than 100 facilities across the country, for many years.

fees, nearly three times the $124,000 BDAC spent over the same timeframe.

Native Title holders were excluded from a community ballot sent to locals in 2019 by the Australian Electoral Commission because they did not live within the boundary of the District of Kimba.

The federal court was informed that the government had approved plans to begin earthworks in June, which led to SA Greens Senator Barbara Pocock writing to federal Resources Minister Madeleine King, asking for all preparatory work at the site to be suspended pending the outcome of court proceedings.

Late last year the Morrison Government acquired land at Napandee, west of Kimba, which they confirmed would be the location of a radioactive waste holding facility. BDAC launched legal action in the Federal Court in December 2021 in an attempt to block the project. The federal government has since stated that between December and July it had spent more than $340,000 on legal

Ms King has not commented on the matter, as it is before the courts. “Any support we can get for all Barngarla to stop the nuclear waste dump is good, and it’s good to see the state’s Premier come out and support us,” said BDAC Chair, Jason Bilney.

“The next move is just keeping in touch with the federal government and finding other avenues. It’s about having the Statement from the Heart, truth-telling and having a voice for First Nations people to be heard. “It’s our Country, we’ve been here for over 60,000 years, and it’s about having us at the table and listening to First Nations voices, especially when we don’t want a nuclear waste dump on our Country.” BDAC recently won a judicial review in the Supreme Court to stop mining at the sacred Aboriginal site Lake Torrens, and plans to focus all its attention on this review to overturn the nuclear waste dump.

ATLA special administration extended The Registrar of Indigenous Corporations (ORIC), Ms Tricia Stroud, has extended the special administration of Adnyamathanha Traditional Lands Association (Aboriginal Corporation) RNTBC (ATLA) to 31 December 2022. This is the ninth extension, the eighth extension was until 30 June 2022. ATLA was placed under special administration on 26 March 2020 after an examination of the corporation’s books, which ORIC says, “revealed a range of governance issues, including a lack of records for meetings, memberships, directorships and spending”.

ATLA is the registered native title body corporate for Adnyamathanha common law holders, managing their native title rights and interests over land and waters largely to the east of Lake Torrens, South Australia, in and around the Flinders Ranges.

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“The extension of the special administration is necessary to resolve complex business structures that have impeded the ability of the corporation to engage with and represent the interests of Adnyamathanha common law holders. In particular, there remains no accountability to common law holders about native title monies received from mining royalties,” says ORIC. “One such source of mining royalties is Heathgate Resources Pty Ltd and its affiliate Quasar Resources Pty Ltd, who have native title mining agreements with ATLA where mining royalty payments are made to the Adnyamathanha native title holders. Those payments are transferred to the Adnyamathanha Master Trust, with the trustee being Rangelea Holdings Pty Ltd.” The Special Administrator for ATLA commenced legal proceedings against Rangelea, as trustee of the Adnyamathanha Master Trust, in the Supreme Court of South Australia. According to ORIC, “The pending judgement will determine if an inspector will be appointed to report on the activities of Rangelea, and whether Rangelea must

release the register of common law holders to ATLA.” Vince Coulthard, the elected spokesperson for the Adnyamathanha Native Title Common Law Holders, disagrees with ORIC’s decision to place ATLA under special administration and says it has gone on for too long. “Our freedom to make our own decisions has been taken away from us by ORIC. We are not allowed to elect our own people, we are not allowed self-determination, and we are not allowed to make our own economic decisions under the ORIC regime,” Mr Coulthard said. “We are not allowed to determine our own business structures; we are not allowed to write our own rule book and we are not in a position even to stop them [the Special Administrator] from doing deals with developers in our Country.” The Special Administrator will continue to work with the corporation’s advisory group and its Culture, Heritage and Native Title committee to progress native title matters and important cultural heritage work until ORIC’s ends the special administration period. Aboriginal Way will keep readers updated.

Reconciliation SA

Issue 88 | Spring 2022

Welcome to the Reconciliation SA column

This is the second Reconciliation SA column, and we are proud to have partnered with the Aboriginal Way to bring you these updates. We’ve been very busy since our last update organising the Inaugural Reconciliation SA Gala for-purpose event to help us fundraise to support reconciliation in South Australia and provide opportunities for networking for our supporters. The gala took place at Adelaide Oval and featured a 6-course degustation menu that was designed for the event by celebrity First Nations chef, Mark Olive. The menu featured native ingredients throughout and was matched by wines from our drinks partner, Wirra Wirra Wines. The gala also featured performances by Kaiit and Marlon x Rulla and was hosted by Luke Carroll. The Gala was great timing as we prepare to further promote the Uluru Statement from the Heart as the federal government works towards the referendum. Since the federal government was elected the voice has been a frequently spoken about issue. The federal government’s plans for the voice are happening concurrently with the South Australian state government’s plans to create a voice to the state parliament. The South Australian government initiative is being spearheaded by Kaurna, Narungga, Ngadjuri and Ngarrindjeri man Dale Agius. Recently, Mr. Agius has been working his way around South Australian communities to speak with First Nations people about their opinions and expectations of a voice. In this time, Reconciliation SA has worked to deliver more workshops, including delivering Responding to Racism workshop to BAE Systems in partnership with ActNow Theatre.

Reconciliation SA also facilitated a session as part of the Brave New World series at Port Adelaide Enfield library. The presentation focused on the need to take braver action in reconciliation, and how we can make change for our children and young people to move towards a just and reconciled Australia. We like to bring our work in reconciliation to the community and were excited to talk with engaged and passionate educators working in the Port Adelaide Enfield area. We have even been running a series of free workshops for our staff and our members to participate in. Workshops included IMPACT Training from the History Trust of SA regarding the history of South Australia prior to colonisation until now. Reconciliation SA also held a colouring competition for Aboriginal and Torres Strait Islander Children’s Day. The main aim of the competition is to shed a light on Aboriginal and Torres Strait Islander Children’s Day and support our community to understand the history of the day. Our partnership with DCP allows us to engage children who are under guardianship. See one of the winning entries opposite! Finally, our AGM will be held in late November where we will announce new board members, nominated and voted on during the October election process. Look forward to the next column where we will announce our new board members, and give a brief overview of the entire board.

Above, from top left: Brave New World; Workshop delivery to BAE Systems; Colouring Competition – one of the winners.

Aboriginal Way | A publication by South Australian Native Title Services

Historic parks co-management agreement for Traditional Owner Authority Kaurna Yerta Aboriginal Corporation (KYAC) has reached an historic deal with the South Australian Government for the co-management of three Adelaide national parks. between KYAC and the State Government to protect the environment for future generations.

natural values on traditional lands and educate the wider community about the importance of ‘healthy country’.

“The development of the action plan is to recognise Kaurna’s knowledge and experience in the co-management of maintaining three national parks,” Mr Wanganeen said.

Chair of the Co-Management Advisory Committee, Stuart Paul said that by recognising Aboriginal rights and credibility, co-management agreements both educate and inspire pride in the broader community.

“KYAC now looks forward to future employment opportunities for Aboriginal park rangers to maintain and preserve our Country.”

Above: Adelaide International Bird Sanctuary National Park-Winaityinaityi Pangkara, one of the parks covered in the new co-management agreement.

A formal platform will be provided to co-manage the Adelaide International Bird Sanctuary National Park-Winaityinaityi Pangkara, Aldinga Conservation Park and Torrens Island Conservation Park through this agreement. Management advice for the parks will be provided to the Minister

and the National Parks and Wildlife Service from a Kaurna Parks Advisory Committee made up of representatives from both KYAK and the Department for Environment and Water. KYAC Chairperson Les Wanganeen said this was the first step in establishing a working relationship

The Department for Environment and Water says that the aim of comanagement in South Australia is to bring together traditional Aboriginal beliefs and contemporary Western perspectives about the importance of looking after land, recognising that Aboriginal and conservation challenges and initiatives cannot be addressed in isolation – that healthy country and healthy communities go hand in hand. The SA Government aims for comanagement to acknowledge the rights and capacity of Aboriginal communities to manage cultural and

“The relationship to Country is central to Aboriginal culture, identity, spiritual beliefs and wellbeing and access is critical to maintaining this relationship, and can provide additional social, health and economic benefits for Aboriginal people,” Mr Paul said. “Traditional knowledge and land management practices can also inform and improve contemporary approaches to science and park management and enhance park visitor experiences. “This co-management agreement allows Aboriginal communities to look after and use sacred places in accordance with their traditional culture and values.”

South Australian Native Title Services (SANTS) for your organisation

SANTS is an independent Aboriginal organisation with proven experience and expertise in providing a wide range of professional services to South Australian Aboriginal Nations. We are responsive to the needs and priorities of Aboriginal Corporations and can bring a unique understanding of and respect for culture and communities in our provision of services. We offer services in: • Corporate Governance • Community Development • Financial Management • Corporate Administration • Native Title Legal Services • Human Resources Management SANTS offers a very competitive fee structure to Aboriginal Corporations to suit their financial circumstances. Contact our Manager of Corporate and Community Development for a confidential discussion and further information: (08) 8110 2800 | info@nativetitlesa.org | www.nativetitlesa.org

In Review

Issue 88 | Spring 2022

Kaurna Warrapiipa, Kaurna Dictionary Kaurna to English, English to Kaurna

By Rob Amery, Susie Greenwood and Jasmin Morley Published June 2022 by Wakefield Press

Kaurna to English and English to Kaurna translations give learners quick access and the ability to identify the creative processes used to translate and adapt old words to new for modern day application, rooted in ancient integrity.

This simple, comprehensive and insightful dictionary is easy to navigate and is grounded with ancient and modern Kaurna voices and robust historical and contemporary sources. “The Kaurna Dictionary is a valuable resource for our community to learn and share our language and culture. This book will enable our community to revive their connections to land and each other to respect the past and to further develop the future of our people as a community. It is an encouragement for all people to come together and learn together.” Alison Denee “Many warrior Elders past and present walked miles to reclaim our language. This long yearned-for dictionary is testament to them and an invitation for learners to sit in a Kaurna language camp to learn, share and speak in a way unheard of before.” Katrina Karlapana Power

First Nations Food Companion

How to buy, cook, eat and grow Indigenous Australian ingredients By Damien Coulthard and Rebecca Sullivan

Plus features and recipes for an Indigenous medicine garden, as well as how to set up your pantry and freezer, and the best places to find native ingredients in shops and online.

Published October 2022 by Murdoch Books

About the authors

A ground-breaking celebration of the most accessible and popular Australian native ingredients and their uses in the everyday home kitchen. We know more about pine nuts than bunya nuts, kale than warrigal greens, but there’s an edible pantry of unique flavours that First Nations people have been making the most of long before anyone came up with the word ‘foodie’. Welcome to a food-lover’s guidebook to the First Foods of this continent. Including an informative guide to more than 60 of the most accessible Indigenous ingredients, including their flavour profiles, along with tips for how to buy, grow and store them.

After that, 100 delicious recipes: all featuring native ingredients, and including tips for substituting regular pantry ingredients where needed – including BushTomato Cheese on Toast, Anise Myrtle and Macadamia Poached Chicken, Myrtle Tea Cake, Quandong and Davidson’s Plum Iced Vovos and more.

Damien Coulthard is an Adnyamathanha and Dieri person of the Flinders Ranges, an international artist, cultural educator and high school teacher. He is a former board director of South Australian Native Title Services. Damien’s wife Rebecca Sullivan (@grannyskills) is a food educator, regenerative farmer, Yale World Fellow and TV presenter who has featured in ABC’s Gardening Australia as well as on Channels Nine and Ten. She has a master’s in sustainable agriculture, worked in the UK Slow Food movement and teaches natural living and cookery at River Cottage UK and The Agrarian Kitchen in Tasmania. Her writing can be found in Peppermint, ABC Organic Gardener, SA Gardens and delicious. Together, Damien and Rebecca are co-founders of Warndu, a native food enterprise and ethical lifestyle brand which runs pop-up restaurants and workshops, employs local indigenous and non-indigenous people. Their first book, Warndu Mai, was awarded the best cookbook in Australia at the Gourmand Awards.

Thanks to Warndu, readers of Aboriginal Way can use the coupon ‘FNFC’ to get 10% off the First Nations Food Companion at warndu.com

Aboriginal Way | A publication by South Australian Native Title Services

Native title areas in South Australia N o r t h e r n

T e r r i t o r y Irrwanyere Mt Dare Native Title Determination Eringa Part A Wangkangurru/Yarluyandi Proceeding Part A Proceeding

Tjayiwara Unmuru Native Title Claim Eringa

Legend

W e s t e r n

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

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Oodnadatta Common Overlap Proceeding

Yankunytjatjara/Antakirinja SC2018/002 Walka Wani Oodnadatta #2

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

SC2013/003 Walka Wani Oodnadatta

Dieri No. 3

Land Tenure

Yandruwandha/ Yawarrawarrka Native Title Claim

The Wangkangurru/ Yarluyandi Native Title Claim

Dieri

Arabana People ( !

CO O B E R P E DY

Reserve/Park

SP2022/001 Antakirinja Matu-Yankunytjatjara Aboriginal Corporation RNTBC

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NC2022/002 Malyangapa Combined Proceedings

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Adnyamathanha People No. 2

Adnyamathanha No. 1

Adnyamathanha People Native Title Claim No. 3

Gawler Ranges People ( !

CE DU NA

( ST RE A K Y B AY !

SC2021/003 Wirangu Sea Claim #2 SC2018/001 Nauo #3

Kilometres

Geocentric Datum of Australia 2020 Prepared by: Geospatial Services, National Native Title Tribunal 07/10/2022

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SN2019/001 Attorney General WH YA LL A for South Australia (Wirangu)

Adnyamathanha, Ngadjuri and Wilyakali Overlap Claim

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PO R T A UG U S TA

Barngarla (Port Augusta Proceeding)

Nukunu Part A

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PO R T PI R IE

PE T ER B O RO U G H

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Barngarla Native Title Claim SC1997/008 Nauo

PO R T LI N CO L N

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SC2011/002 Ngadjuri Nation #2 First Peoples of the River Murray & Mallee Region

CL A RE

SC2013/002 Narungga Nation

(BE R RI !

Kaurna Peoples Native Title Claim

SC2019/001 First Peoples of the River Murray and Mallee Region #2

ADEL AI DE

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( 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 (30 September 2022)

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( 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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V i c t o r i a

SC2016/003 Nauo No. 2

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J AM E S TO W N

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

Adnyamathanha No 1 - Stage 2

Nukunu (Area 2)

W a l e s

SC2019/002 Wirangu #3

SC1997/006 Wirangu No. 2 Native Title Claim

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WO O M E RA

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200

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Aboriginal Freehold

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ISSUE 88