Between: Aaron Stuart, Joanne Warren, Peter Watts and Greg Warren (Applicant) and State of South Australia (Respondent)
Judge: Charlesworth J
Native title exists in parts of the determination area
It consists of non-exclusive native title rights and interests.
Native title holders
Native title is held by the Arabana People.
Non-exclusive native title rights and interests exist over part of the determination area
These rights and interests exist over the area described in Schedule 3 and include the right to:
- access to live on, camp on, and erect shelters on the determination area;
- hunt and fish on the land and waters;
- gather and use natural resources such as food, medicinal plants, wild tobacco, tiber, resin, ochre and feathers, excluding the resources referred to in Item 1 of Schedule 4;
- conduct ceremonies and hold meetings; and
- maintain and protect sites and places of cultural and religious significance.
Other rights and interests in the determination area include those:
- held under the Mundowdna pastoral lease;
- held under the Witchelina pastoral lease;
- conferred by the Crown Land Management Act 2009 (SA), Crown Lands Act 1929 (SA), Mining Act 1971 (SA), Petroleum and Geothermal Energy Act 2000 (SA) and Opal Mining Act 1995 (SA); and
- conferred by the State or of the Commonwealth.
See the attached NNTT Extract 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
At the time the determination was made, the Arabana People had not yet nominated a
Native Title Body Corporate (RNTBC) to perform the functions required under the Native Title Act 1993 (Cth).
The Court granted a period of six months from the date of judgment to allow an approved prescribed body corporate to be nominated .
Full text of the determination is available via the URL link above.