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

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

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.

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.

Related Entries

Documents

Glossary