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Legislative Council - Fifty-Third Parliament, First Session (53-1)
2014-10-28 Daily Xml
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Wankangurru/Yarluyandi Native Title Claim

The Hon. G.A. KANDELAARS (14:55): My question is to the Minister for Aboriginal Affairs and Reconciliation. Will the minister inform the house about the recent consent determination of the Wankangurru/Yarluyandi native title claim?

The Hon. I.K. HUNTER (Minister for Sustainability, Environment and Conservation, Minister for Water and the River Murray, Minister for Aboriginal Affairs and Reconciliation) (14:56): I thank the honourable member for his most important question. On Friday 3 October, I had the pleasure of witnessing the historic determination of the Wankangurru/Yarluyandi native title claim at Birdsville. I joined with elders and members of the community and the Federal Court Chief Justice, the Hon. Justice Mansfield AM, for a specially convened Federal Court hearing on land in Birdsville.

It is a real honour when you have the chance to be involved in such Federal Court proceedings. From my perspective, they give me pause to reflect and acknowledge a very important part of our nation's history, which we haven't always acknowledged in this country. This consent determination is recognition in Australian law of the traditional owners' relationship, rights and interest over that land as the holders of native title for that area. The land plays an important role in their customs and knowledge that are passed down from generation to generation and retained by people today.

The determination area for the native title rights of the Wankangurru/Yarluyandi extends over (I think) 60,600 square kilometres. It includes the Simpson Desert Conservation Park and the Simpson Desert Regional Reserve in the far north of our state and extends into Queensland. This land is rich in Aboriginal history and covers a vast and environmentally significant area. The Simpson Desert Regional Reserve—

The Hon. R.L. Brokenshire interjecting:

The Hon. I.K. HUNTER: Mr President, I am tempted to say if the honourable member was listening to my first paragraph, but I won't go there. The land is rich in Aboriginal history—

Members interjecting:

The PRESIDENT: Order! The minister has the floor.

The Hon. I.K. HUNTER: —and covers a vast and significant area. The Simpson Desert Regional Reserve features a wide variety of desert wildlife, extensive playa lakes, spinifex grasslands and acacia woodlands and is home to one of the world's best examples of parallel dunal deserts. The state government is committed to working with the native title holders to preserve and enhance the natural environment, while at the same time recognising and protecting areas of cultural significance.

I was particularly pleased to have signed two significant agreements with the Wankangurru/Yarluyandi people on behalf of our government and our state: a settlement Indigenous land use agreement and a parks Indigenous land use agreement. These agreements, together, recognise the rights of traditional owners over land, including the parks within our state which are part of the claim area. The consent determination includes six pastoral Indigenous land use agreements, which establish how the native title holders and the pastoralists will exercise and respect the respective rights and interests.

These agreements put in place a clear process for engagement between the native title holders and the state in relation to future state activities on native title land. The consent determination is a significant step towards reconciliation and strengthening mutual respect and understanding, in particular because this is another example of a native title claim being resolved through negotiation and consent. South Australia has a long history of resolving claims in this way.

I understand this is our 22nd native title claim to be settled by agreement rather than through litigation and it is the 10th South Australian claim to be comprehensively resolved, meaning all other issues, including compensation, will be finally settled at the same time that native title is recognised. Completing the settlement of this native title claim has taken an enormous amount of work and effort on behalf of many, many people. I thank and congratulate them all for the work they have done and the cooperation they have chosen to achieve this fantastic result for our state and for that community.

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