Between: Barry Croft and others on behalf of the Barngarla native title claim group (Applicant) and State of South Australia and others (Respondents) Judge: Mansfield J
Determination Native title exists in parts of the determination area Native title exists in the lands and waters described in Schedule 3. Native title is now recognised over parcels of land where it had been previously extinguished - see Schedules 4 (via the URL link to the determination) and Schedule 5 and Schedule 2 Part B (attached below).
Native title holders Native Title is held by the Barngarla People.
Exclusive native title rights and interests in parts of the determination area
Exclusive native title rights held by the Barngarla People exist over the areas set out in Schedule 4 and include the rights: - to live on, use and enjoy the land and waters;
- to make decisions about the use and enjoyment of the land and waters by those Aboriginal people who recognise themselves to be governed by the traditional laws and customers acknowledged by the Native Title Holders;
- of access to the land and waters;
- to control the access of other Aboriginal people who recognise themselves to be governed by the same traditional laws and customs acknowledged by the Barngarla People to the land and waters;
- to use and enjoy resources of the land and waters but excluding those referred to in item 1 of Schedule 6;
- to control the use and enjoyment of resources on the land and waters by other Aboriginal people who recognise themselves to be governed by the same traditional laws and customs acknowledged by the Barngarla People but excluding those resources referred to in item 1 of Schedule 6;
- to maintain and protect places of importance under traditional laws, customs and practices on the land and waters; and
- to conduct burial ceremonies on the land and waters.
The above rights and interests are for personal, domestic and communal use only. These rights and interests do not include the right
to trade or commercially use the native title land or its resources.
Non-exclusive native title rights and interests over all of the determination area In relation to the areas set out in Schedule 3, the Barngarla People hold the following non-exclusive rights in relation to lands and waters and includes the rights to: - to live on, use and enjoy the land and waters;
- to make decisions about the use and enjoyment of the land and
waters by those Aboriginal people who recognise themselves to be
governed by the traditional laws and customers acknowledged by the
Native Title Holders;
- of access to the land and waters;
- to control the access of other Aboriginal people who recognise
themselves to be governed by the same traditional laws and customs
acknowledged by the Barngarla People to the land and waters;
- to use and enjoy resources of the land and waters but excluding those referred to in item 1 of Schedule 6;
- to control the use and enjoyment of resources on the land and
waters by other Aboriginal people who recognise themselves to be
governed by the same traditional laws and customs acknowledged by the
Barngarla People but excluding those resources referred to in item 1 of
Schedule 6;
- to maintain and protect places of
importance under traditional laws, customs and practices on the land and
waters; and
- to conduct burial ceremonies on the land and waters.
The above rights and interests are for personal, domestic and communal
use only. These rights and interests do not include the right
to trade or commercially use the native title land or its resources.
Non-native title rights and interests in the determination area include:
- interests contained within pastoral leases (refer to Schedule 1 for a list of the pastoral leases);
- interests of the South Australian Government;
- any enduring public right to fish;
- the public right to navigate;
- any interests in relation to reserves;
- the interests of the registered proprietors of the lands set out in Schedule 4;
- the interests of persons who have been granted rights and interests by the South Australian Government or Federal Government;
- the rights and interests of all parties to the Indigenous Land Use Agreements listed in Schedule 8;
- the rights and interests of Telstra Corporation Limited (ACN 051 775 556);
- the rights, interests and entitlements of SA Power Networks to excercise its entitlements and obligations as an operator of the electricity infrastructure;
- the rights and interests of local government councils;
- the rights and interests of Epic Energy South Australia Pty Ltd;
- the rights and interests of Onesteel Manufacturing Pty Ltd;
- the rights and interests of the holder from time to time of Pipeline Licence No. 2 (PL 2);
- the rights and interests of Santos Limited, Santos Petroleum Pty Ltd, Santos (BOL) Pty Ltd, Vamgas Pty Ltd, Reef Oil Pty Ltd, Alliance Petroleum Australia Pty Ltd, Bridge Oil Developments Pty Ltd, Delhi Petroleum Pty Ltd, Origin Energy Resources Limited, Basin Oil Pty Ltd and Santos (NARNL Cooper) Pty Ltd under any lease, licence, easement, permit or agreement on the native title land: and
- the rights and interests of BHP Billiton Olympic Dam Corporation Pty Ltd.
In the case of conflict, the exercise of non-native title rights and interests will prevail over the non-exclusive native title
The Barngarla Determination 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 Barngarla people. Full text of the determination is available via the URL link above. | 
