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Turner on behalf of the Nukunu People v State of South Australia [2019] FCA 863

Category: Agreement
Binomial Name: Federal Court of Australia
Date: 7 June 2019
Sub Category:Consent Determination (Native Title Act)
Place:


State/Country:South Australia, Australia
The area is between the Flinders and Gawler Ranges, north of the St Vincent's Gulf in South Australia. For a detailed description of the area and maps see Schedule 1 and 2 of the determination, attached below under documents. The area is within the jurisdiction of the Flinders Ranges Council, District Council of Mount Remarkable, Port Augusta City Council, Port Pirie Regional Council, District of Orroroo/Carrieton, District Council of Barunga West, and Northern Areas Council.
Legal Status:

Registered with the National Native Title Tribunal on the Native Title Register 07/06/2019.

Legal Reference: Federal Court file no.: SAD6012/1998; National Native Title Tribunal file no.: SCD2019/001
Alternative Names:
  • Nukunu Part A
  • Subject Matter:Native Title
    URL: http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FCA/2019/863.html
    Summary Information:

    Between: Lindsay John Thomas, Margaret Elizabeth Smith, Ian Clarence Webb, Helen Renae Webb, Douglas Edward Arthur Turner, and Frederick Graham on behalf on the Nukunu People (Applicant)

    and

    State of South Australia (and others named in Schedule 9) (Respondents)

    Judge: Charlesworth J

    Determination

    Native title exists in parts of the determination area

    It consists of non-exclusive native title rights and interests.

    Native title holders

    The Nukunu People

    Non-exclusive native title rights and interests over part of the determination area

    These rights exist over the area described in Schedule 3 and include the right to:

    • access the land and waters;
    • live on, use, and enjoy the area including for ceremonial purposes;
    • take, use, enjoy, share, and exchange the resources of the area;
    • hunt, fish, and gather resources excluding those listed in Schedule 5 item 1;
    • use, subject to the Natural Resources Management Act 2004 (SA) or any successor Act, natural water resources;
    • conduct funeral and burials in the area;
    • visit, maintain, and protect important places under traditional laws, customs, and practices in the area;
    • teach traditional laws and customs to each other in the area; and
    • be accompanied in the area by though who, though not Nukunu persons, are spouses of Nukunu persons, or people required by the traditional laws and customs for the performance of ceremonies or cultural activities.

    Other rights and interests in the determination area include:

    • the interests of the Crown;
    • the interests of the Commonwealth of Australia, if any;
    • the rights of the Crown regarding reserves defined by the National Parks and Wildlife Act 1972 (SA);
    • the rights and interests of the public to use and enjoy those reserves consistent with the National Parks and Wildlife Act 1972 (SA);
    • interests of persons to whom valid  rights and interests have been granted or recognised by the Crown in right of the State of South Australia or by the Commonwealth of Australia under statute or otherwise in the exercise of executive power;
    • rights or interests held due to the operation of state or federal laws;
    • the rights of access by those acting on behalf of South Australia,
      Commonwealth or other statutory authority as required in the performance of their statutory duties;
    • the rights and interests of all parties to the Nukunu Area 1 Settlement Indigenous Land Use Agreement (ILUA);
    • the rights and interests of Telstra Corporation Limited as the owner of telecommunication facilities in the area, those created by statute, for those acting on its behalf to access its facilities in or around the area to perform their duties, and under any lease, licence, permit, access agreement, or easement relating to its telecommunication facilities in the area;
    • the rights, interests, and entitlements of SA Power Networks and its related and successor entities;
    • the rights and interests of The Flinders Ranges Council, District Council of Mount Remarkable, Port Augusta City Council, Port Pirie Regional Council, District of Orroroo/Carrieton, District Council of Barunga West, and Northern Areas Council in their relevant government areas in the native title land; and
    • the rights and interests of Epic Energy South Australia Pty Ltd.

    See
    Schedule 8 for further information about
    the non-native title rights and interests.

    In the case of conflict, the exercise of non-native title rights and interests will prevail over the non-exclusive native title

    The Nukunu Wapma Thura Aboriginal Corporation Registered Native Title Body
    Corporate (RNTBC) is the prescribed body corporate. It performs the functions required under the Native Title Act 1993 (Cth) and acts as agent for The Nukunu People.

    Full text of the determination is available via the URL link above.
    Detailed Information:

    Background

    The area originally covered by the Nukunu Claim was amended in 2012, affecting an overlapping claim commenced on behalf of the Barngarla People. The area unaffected by this overlap is what this determination is about, also known as Nukunu Area 1.

    Details of Judgment

    The Court found that the requirements under s 87 were satisfied and made
    orders to give effect to the agreement between the applicants and the
    respondents.

    Outcomes:
    Native title exists in parts of the determination area

    Related Entries

    Agreement
  • Nukunu Area 1 Settlement Indigenous Land Use Agreement (ILUA)
  • Organisation
  • National Native Title Tribunal
  • State of South Australia - Respondent
  • Nukunu Wapma Thura (Aboriginal Corporation) RNTBC
  • Epic Energy South Australia Pty Ltd
  • Telstra Corporation Limited
  • SA Power Networks
  • The Flinders Ranges Council
  • District Council of Mount Remarkable
  • District Council of Orroroo/Carrieton
  • District Council of Barunga West
  • Northern Areas District Council
  • Port Augusta City Council
  • Port Pirie Regional Council
  • Legislation
  • Native Title Act 1993 (Cth)
  • Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
  • National Parks and Wildlife Act 1972 (SA)
  • Natural Resources Management Act 2004 (SA)
  • People
  • Turner on behalf of the Nukunu People - Native Title Applicant
  • Nukunu People - Native Title Claimant

  • Documents

    Document
    Extract from the National Native Title Register for SCD2019/001 as at 25/01/2021 (Nukunu Part A). - ()

    Glossary

    Native Title (Australia) | National Native Title Tribunal (NNTT) (Australia) | Native Title Registers | Aboriginal and Torres Strait Islander (Australia) | Applicant | Respondent | Consent Determination (Native Title Act 1993 (Cth)) (Australia) | Aboriginal Corporation (Australia) | Native Title Applicants | Native Title Holders (Native Title Act 1993 (Cth)) (Australia) | Native Title Representative Body (NTRB) (Australia)

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