Update Native title claims update

Active claims

Walka Wani Oodnadatta No.1 and No.2 and Arabana No.2

Judgment in Appeal reserved.

Wirangu No.2, Wirangu No.3 and Wirangu No.4 Sea claim – Parts A

Determined 10 December 2022.

Nauo/ Nauo No.2/Nauo No.4

Timetable for determination by second and third quarter of 2022/2023.

Malyankapa

Court orders regarding connection.

Far West Coast (FWC) Sea claim

South Australian Native Title Services supports in principle the State Government’s proposal for a First Nations Voice to Parliament. A Voice to our State’s Parliament is a fantastic opportunity for First Nations in South Australia to continue the legacy of our Elders and leaders before us who have fought for land rights and native title rights, and interests.

However, it is important that First Nations views, interests and aspirations are considered and embedded within any Voice to our State Parliament. SANTS, and many other First Nations representatives, are concerned that the draft First Nations Voice to Parliament draft legislation will create complexity by introducing a new layer of institutions fully supported and resourced by the State Government, rather than investing in and strengthening the existing First Nations organisations recognised under the Native Title Act, and legislated bodies in Anangu Pitjantjatjara Yankunytjatjara and Maralinga Tjarutja.

The proposed model for a First Nations Voice to Parliament in South Australia has many positive elements. These include:

• Direct connection to Parliament with reporting and addresses

• Direct connection to State Cabinet

• Relationship to the State Government through Departmental Chief Executives

• Female and male representation and leadership

• Commitment to administration and resources.

However, SANTS is concerned that the failure to build First Nations organisations into the proposed Voice model threatens the rights of First Nations to speak for country, to speak for community, and to speak for culture. Native title and land rights legislation has provided the legal basis for First Nations to be recognised in this country through their laws, customs, rights, and interests that underpin First Nations.

We want our First Nations peak bodies established through native title to be strong, sustainable and empowered to provide the ‘Local Voice’ and supported to connect and partner with other First Nations to provide the ‘State Voice’. The proposed model in many ways reflects ATSIC (Aboriginal and Torres Strait Islander Commission) by holding elections, yet the First Nations landscape has changed dramatically since ATSIC was abolished nearly 20 years ago.

SANTS and First Nations leadership is concerned with the proposed election process. First organisations go through regional and member-based election processes to elect leaders, and an additional election process through the Electoral Commission would be unnecessary. SANTS is also concerned that the election process disenfranchises many Aboriginal people who are not enrolled to vote, and then they can only vote where they reside.

SANTS supports a First Nations Voice to our State Parliament which would:

• Strengthen First Nations leadership

• Recognise the representative position of First Nations organisations

• Utilise existing First Nations organisations as the building blocks of the Local and State Voice

• Encourage and support local decision-making to elect or appoint representatives to Local and State Voice, through considering existing corporate processes for the appointment of directors

• Be securely and well-resourced, including with staffing independent of Government.

The development of a First Nations Voice to Parliament must be informed by First Nations –that is the First Nation groups whose country now constitutes our State.

The building blocks for the Voice to Parliament already exist. Why isn’t the State Government recognising and investing in the existing First Nations leadership to achieve a Voice to Parliament?

Final submissions, judgment reserved.

First Peoples of the River Murray and Mallee No.2

Responding to State assessment of native title report and programming orders.

Yandruwandha Yawarrawarrka

Trial is part heard.

Other claims

Ngadjuri No.2

Timetable for consent determination in second or third quarter of 2023.

Wilyakali No.1

Timetable for consent determination in second or third quarter of 2023.

First Nations of the South East No.1

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

First Nations of the South East No.2 and Ngarrindjeri

Discussion regarding 47C, and timetable for consent determination in 2023.

Narungga Nation

Timetable for consent determination in first or second quarter of 2023. Compensation matters continue to be negotiated.