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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2023-02-23 Daily Xml
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Wirangu Native Title Claim

The Hon. R.B. MARTIN (15:06): My question is to the Attorney-General. Will the minister please inform the council about the resolution of the Wirangu native title claim?

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (15:06): I thank the honourable member for his question and his interest in this area. I would be most pleased to inform the council of the resolution of the Nauo and Wirangu native title claim.

Members of this council may recall recently I reported to the council on the resolution of other Wirangu native title claims by consent determination. I am pleased to report to the council that the Wirangu No. 2 Part B, Wirangu No. 3 Part B, and Wirangu Sea Claim No. 2 Part B, as well as the Nauo No. 1, Nauo No. 3. and Nauo No. 4 native title claims resolved by consent determination on 10 February this year. The Nauo and Wirangu native title claims took in much of the western side of the Eyre Peninsula, including areas around Coffin Bay, Elliston and Streaky Bay.

The Wirangu people first lodged their native title claims over large areas of the West Coast of South Australia in 1997. In 1998, following amendments to the commonwealth Native Title Act, the Wirangu No. 2 and Nauo claims were first filed in the Federal Court. In October 2019, the Wirangu filed the Wirangu No. 3 native title determination application. This claim covers areas of land within the external boundaries of the original Wirangu No. 2 claim that had since become unalienated Crown land, and potentially subject to section 47B of the Native Title Act, with the result that the prior extinguishment of native title is to be disregarded.

Wirangu No. 3 was also split into parts A and B (corresponding with Wirangu No. 2 parts A and B). Part B of each of the Wirangu claims was wholly overlapped by the Nauo No. 3 claim. On 18 May 2021, the Wirangu lodged the Wirangu Sea Claim No. 2, claiming waters seaward of the low watermark adjacent to the Wirangu No. 2 claim. That also separated into parts A and B. In October 2021, the Nauo No. 4 claim was filed, and this claim was within the outer boundaries of the Nauo No. 1 claim.

As I have previously remarked in this place, the Eyre Peninsula is noted as one of South Australia's most significant areas of frontier violence, with settlement causing significant disruption to local Aboriginal people and populations. From the mid-19th century there was recorded likely extensive movement of Aboriginal people around the West Coast, particularly around the settlements of Streaky Bay, Port Lincoln and inland pastoral areas.

In the late 1800s, the spread of cultivated areas also significantly affected the Aboriginal populations in the claim area here. Despite that frontier violence at the time of settlement and alienation of the land, the native title holders and their ancestors have maintained their connection and identity as members of the Wirangu and Nauo nations, and their connection to country.

The consent determination, which proceeded with the agreement of all parties, results in the formal recognition of the traditional and continuing relationship which the Wirangu and Nauo people have with this unique part of Australia. It is recognition, in Australian law, of the important relationship with the land, and of the rights and interests held by the Wirangu and Nauo people as holders of native title for this area.

The hearing was held at the Elliston Community Hall with His Honour Justice O'Bryan presiding over the matter. Many members of the native title groups were in attendance, as were members of the community. The court was convened and counsel for both native title groups made submissions noting the occasion for the groups, followed by submissions from the state. Counsel for the local government and commercial fisheries, Mr Tim Mellor, also made brief submissions on their behalf, particularly for the counsel, noting the counsel's intention to work together with the native title holders. His Honour Justice O'Bryan then addressed parties and the gallery on the consent determination, published the determination, and concluded the hearing.

Following the conclusion of the hearing, solicitors for each of the groups and invited representatives came forward to receive bound copies of the determination. Once all copies were received, Michael Miller, Jody Miller and Jack Johncock each delivered speeches on the importance and impact the determination has had on the native title holders. It was pleasing also that a representative from the District Council of Elliston delivered a speech noting the significance of the occasion and the determination.

This consent determination is the first time that the native title of the Nauo people has been recognised by law, and it is a very significant thing. It has been a long road for that recognition. This settlement resolved Federal Court proceedings that have been on foot for 25 years, and now will record what the Wirangu and Nauo people have always known: that the land that is subject to this native title always has and always will be Aboriginal land.

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