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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2023-06-13 Daily Xml
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Nauo Native Title Claims

The Hon. I. PNEVMATIKOS (14:46): My question is to the Attorney-General. Will the minister inform the council about the resolution of the Nauo native title claims?

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (14:46): I thank the honourable member for her question and it would be my pleasure to inform the chamber of the resolution of these native title claims. There have been other native title claims in that part of the world, Eyre Peninsula, that have been finalised in recent times, and I'm pleased to report to the council that the Nauo No. 1 and Nauo No. 4 native title claims were resolved by consent determination on Monday 5 May this year.

The Nauo claims are located on the south-western coast of Eyre Peninsula and include areas around the town of Coffin Bay and waters generally out to 10 metres seaward of the lowest astronomical tide. A native title trial was listed in the Federal Court for August 2021; however, after the Nauo applicants engaged in mediation and negotiation conducted by the Federal Court registry with the state and the commonwealth, the parties agreed to work towards a consent determination.

The terms of the proposed settlement have been actively negotiated between the key parties to the claims. In addition to the state and applicants (the principal parties), the commonwealth government, local government parties, Telstra, SA Power Networks and commercial fishing interests have been involved.

As I have said before in this place and on past occasions, Eyre Peninsula is noted as an area of a number of recorded violent incidents during colonisation in our frontier history, with settlement causing significant disruption to local Aboriginal people. From the mid 19th century there was likely extensive movement of Aboriginal people around the West Coast between settlements such as today's Streaky Bay, Port Lincoln and inland pastoral leases. In the late 1800s, the spread of cultivated areas also significantly affected Aboriginal people who are the subject of the area in this claim.

The connection to country that Nauo people have maintained in the face of such recent upheaval is testament to their tenacity and perseverance and the strength of their Aboriginal culture. The consent determination, which proceeded with the agreement of all parties, results in the formal recognition of the traditional and continuing relationship which the Nauo people have with this part of the country. It is recognition in Australian law of the important relationship with the land and the rights and interests held by the Nauo people as holders of native title in this area.

On the morning of 15 May this year, the Federal Court convened on the lawns near the Coffin Bay Yacht Club to make the formal determination in the Nauo No. 1 and No. 4 claims that concluded with the proceedings that were commenced in excess of 25 years ago. In addition to the consent orders being made by the Federal Court on behalf of the state, there is an Indigenous land use agreement entered into with Nauo giving certainty to existing interests and providing a simpler process for managing future land use. Together, the two determination areas cover an area of approximately 7½ thousand square kilometres of land and waters in the south-west of Eyre Peninsula.

The consent determination formally recognises traditional lands and the continuing relationship the Nauo people have with this part of the world. Up until Monday 15 May, the Nauo claim was the oldest native title claim still unresolved in South Australia. Justice O'Bryan recognised the efforts of the applicants and their legal representatives over such a long period and acknowledged the efforts of the respondent parties, including the state, commonwealth and local governments.

In making the determination on Monday 15 May this year Justice O'Bryan addressed a large crowd of people, many of whom were Nauo native title holders and others who included representatives of both the applicant and respondents in these matters. I am pleased to say that what was, up until last month, the oldest unresolved native title claim in the state has now been resolved by consent, and I particularly want to acknowledge and thank the people of the Nauo nation for their perseverance in working towards the resolution we saw.

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