| Lander v State of South Australia [2012] FCA 427 (1 May 2012) is a consent determination
between:
Edward Lander, Rhonda Gepp-Kennedy, Nellie Edge, Sylvia Stewawrt, Irene Kemp and David Mungerannie (APPLICANT)
AND
The State of South Australia, Australian Wildlife Conservancy, South Australian Native Title Services Ltd, The Pastoralists, BHP Billiton Olympic Dam Corporation Pty Ltd, beach Energy Ltd, Senex Energy Ltd, Geodynamics Ltd, Impress (Cooper Basin) Pty Ltd, Cooper Energy Ltd, Alliance Petroleum Australia Pty Ltd and others, Telstra Corporation Ltd and South Australian Apiarists Association Inc (RESPONDENTS)
Judge: Mansfield J
Where made: Marree Station
Determination:
Native title exists in parts of the determination area.
The determination area consists of some 47,000 square kilometres in area, with part of its south-eastern boundary extending into the Strzelecki Regional Reserve and part of its western boundary extending into the Lake Eyre National Park. For a detailed description see Schedule 1 of the decision.
Native title is held by members of the Dieri people who are descendants of the listed apical ancestors (see s 3(a) of the decision), who identify as Dieri and who are recognised by other Native Title Holders.
Native title rights and interests that exist over land and water in the determination area include:
- the right to access and move about;
- the right to hunt and fish;
- the right to gather and use the natural resources;
- the right to share and exchange the subsistence and other traditional resources;
- the right to use the natural water resources;
- the right to live, to camp and to erect shelters;
- the right to cook and to light fires for domestic purposes;
- the right to engage and participate in cultural activities;
- the right to conduct ceremonies and hold meetings;
- the right to teach the physical and spiritual attributes of locations and sites;
- the right to visit, maintain and protect sites and places of cultural and religious significance; and
- the right to be accompanied on to the Determination Area by those people who, though not Native Title Holders, are: spouses of native title holder; or people required by traditional law and custom for the performance of ceremonies or cultural activities on the Determination Area; or people who have rights in relation to the Determination Area according to the traditional laws and customs acknowledged by the native title holders.
Native title rights and interests do not:
- include commercial use of the Determination Area or the resources from it.
- confer possession, occupation, use and enjoyment of the Determination Area on the native title holders to the exclusion of others.
Native title rights and interest do not exist:
- in respect of any house, shed, airstrip, dam or stock watering point constructed pursuant to the Pastoral lease and before the date of this determination;
- in petroleum and minerals;
- a naturally occuring underground accumulation of a petroleum, hydrogen sulphide, nitrogen, helium, carbon dioxide;
- a natural reservoir;
- geothermal energy the source of which is below a depth of 100 metres from the surface of the earth;
- a public work.
Non-native title rights that exist over the determination area include:
- Pastoral leases (see s 15(a) of the judgment)
- the interests of the Crown and any person who has been granted rights by the Crown;
- rights or interest held in relation to the laws of the State or the Commonwealth;
- rights to access the land by an employee or agent of the State of South Australia, the Commonwealth or another statutory authority.
- the rights and interests of Telstra Corporation Ltd;
- owner or operator of telecommunications facilities within the Determination Area;
- the rights and interests of BHP Billiton Olympic Dam Corporation Pty Ltd;
- The rights and interests of the “Producers” as defined by the Cooper Basin (Ratification) Act 1975 (SA);
- The rights and interests of Beach Energy Limited;
- The rights and interests of Permian Oil Pty Ltd;
- The rights and interests of Victoria Oil Exploration (1977) Pty Ltd;
- The rights and interests of Stuart Petroleum Pty Ltd;
- The rights and interests of Stuart Petroleum Cooper Basin Oil Pty Ltd;
- The rights and interests of Impress (Cooper Basin) Pty Ltd and Springfield Oil and Gas Limited; and
- The rights and interests of Cooper Energy Ltd.
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