De Rose v State of South Australia  FCA 687
|Binomial Name: ||Federal Court of Australia|
|Date: ||16 July 2013|
|Sub Category:||Consent Determination (Native Title Act)|
|State/Country:||South Australia, Australia|
|The determination area is over Ayers Range South and Tieyon Pastoral Leases in northern South Australia bordering the Northern Territory. |
|Legal Status: ||Registered on the National Native Title Register of native title determinations.|
|Legal Reference: ||Federal Court No: SAD208/2010; National Native Title Tribunal No:SC2010/005|
|Alternative Names:||Tjayiwara Unmuru Native Title Claim|
|Subject Matter:||Mining and Minerals | Native Title | Native Title - Extinguishment | Pastoral Activities|
|Summary Information: |
|De Rose v State of South Australia  FCA 687
Between: Peter De Rose and Tjaruwa Anderson (APPLICANTS) and
The State of South Australia, Lyndavale Pty Ltd, Tianda Resources (Australia) Pty Ltd, Tianda Uranium (Australia) Pty Ltd and Tieyon Pastoral Co Pty Ltd (RESPONDENTS)
Judge: Mansfield J
Where made: Warura
Native Title exists in part of the determination area. It consists of non-exclusive native title rights.
Native title is held by those Aboriginal people who have a spiritual connection to the Tjayiwara Unmuru Determination Area and the Tjukurpa associated with it because it is the country of their birth, they have a long term association with the land or they have a parent or grandparent who has a connection to the land.
Non-exclusive native title rights and interests that exist within the determination area
1. access and move about the area;
3. gather and use natural resources;
4. live, to camp and to erect shelters;
5. cook and to light fires for domestic purposes;
6. engage and participate in cultural activities;
7. conduct ceremonies and to hold meetings;
8. teach the physical and spiritual attributes of locations and sites on the land;
9. maintain and protect sites and places of significance;
10. accompany certain people on the land;
11. speak for country and make decisions regard the use and enjoyment of the land.
All of these rights are for personal, domestic and communal use and do not include commercial use.
Native title has been extinguished in the following areas:
1. any house, shed or other building, airstrip or any dam or other stock watering point constructed on the pastoral lease of Tieyon and Ayers Range South prior to this determination;
2. minerals, petroleum and other underground substances [see paragraph 12 of the judgement].
In the case of conflict, the exercise of non-native title rights and interests will prevail over the non-exclusive native title.
Provisions Relevant to the Native Title Rights
Tjayiwara Unmuru Aboriginal Corporation, as the prescribed body corporate, is to perform functions required under the Native Title Act 1993(Cth) and to act as agent for the native title holders. The native title is not held in trust for the native title holders. |
|Detailed Information: |
This was the first consent determination for 2013 in South Australia. The determination area adjoins the earlier De Rose Hill native title claim ( De Rose v State of South Australia (No 2)  FCAFC 110).
Keith Thomas, South Australian Native Title Services Chief Executive Officer, applauded the efficient resolution of this native title claim. This determination was negotiated within three years of the application being filed in December 2010.
Pastoral Indigenous Land Use Agreements were simultaneously negotiated.
Details of Judgement
Through mediation, agreement has been reached as to the terms of a determination of native title to provide recognition of the native title rights and interests held by the Tjayiwara People in relation to part of the land and waters covered by the Tjayiwara Unmuru Native Title Claim. The signed agreement was then filed in the Federal Court pursuant to s 87 of the Native Title Act 1993 (Cth). The court has satisfied that a determination of native title was within the power of the court.|