| Yankunytjatjara/Antakirinja Native Title Claim Group v The State of South Australia [2006] FCA 1142 (28 August 2006)
Between: Jean Wood, Sadie Singer, Lallie Lennon and Johnny Cullinan on Behalf of the Yankunytjatjara/Antakirinja Native Title Claim Group (APPLICANTS)
AND
The State of South Australia, Aboriginal Legal Rights Movement INC, Bakiss Pty Ltd D J & C F Sampson & Sons Pty Ltd, Engorra Pty Ltd, Evelyn Downs Pastoral Co Ltd, Alan William Fennell, Kerri-Ann Fennel, Andrew Trevor Clark, Digby Giles, Bernadette Elizabeth Giles, Douglas Lillecrapp, Gordon Keith Lillecrapp, Mary Lizbeth Lillecrapp, Clayton Campbell Hannigan, Airservices Australia, Marla and Districts Progress Association Incorporated, South Australian Apiarists Association Incorporated (RESPONDENTS)
Judge: Mansfield J
Where Made: Marla
Native title was found to exist in parts of the determination area.
This determination by consent was made in respect of a native title claim lodged with the tribunal on 21 November 1997. It is the first native title consent determination in South Australia. The applicants, comprising 19 families representing approximately 1300 individuals, are members of the 'Western Desert Social and Cultural Bloc', predominantly consisting of Yankunytjatjara people (per Mansfield J at para 2).
The determination area covers approximately 18, 665 sq km (NNTT) in the north-west of South Australia that lies adjacent to Anangu Pitjantjatjara Freehold Lands.
The Yankunytjatjara/Antakirinja sought and have been granted legal recognition of non-exclusive rights to use and enjoy the land and waters, as well as the right to access and maintain places of significance under traditional law. The township of Marla was excluded from the determination and that area is the subject of ongoing negotiations between the parties. Native title was said not to exist in various areas including the Oodnadatta Satellite Ground Station Site operated by Airservices Australia and public roads and railway corridors passing through the determination area.
Negotiations for Indigenous Land Use Agreements (ILUAs) were ongoing for four years preceding the determination. Five ILUAs concerning pastoral access have been agreed as part of the consent determination.
The Yankunytjatjara/Antakirinja Native Title Claim Group have elected the Yankunytjatjara Native Title Aboriginal Corporation as the Prescribed Body Corporate to hold the native title rights and interests. |
