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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2023-08-31 Daily Xml
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Ngadjuri Native Title Claim

The Hon. R.B. MARTIN (14:52): My question is to the Attorney-General. Will the minister please inform the council about the resolution of the Ngadjuri native title claim?

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (14:52): I thank the honourable member for his question and his ongoing interest in this area. I am pleased to be able to inform you, sir, the honourable member and the council that the Ngadjuri No. 2 native title claim has been resolved by consent determination on 6 July this year.

Justice Stewart of the Federal Court presided over the consent determination hearing at the Burra Town Hall. The location is of significance to the Ngadjuri people, as it was the town hall where they decided as a group to bring this claim for native title. This recent consent determination recognises the Ngadjuri Nation as native title holders over a portion of the Flinders and North Mount Lofty Ranges, including areas within the Clare, Gilbert and Barossa valleys.

A Ngadjuri Nation No. 1 claim was previously resolved on 14 December 2018, when the Federal Court made a consent determination in favour of three Aboriginal groups: Adnyamathanha, Ngadjuri and Wilyakali. After lengthy negotiations with the state and the Ngadjuri Nation, a settlement resolution has now been reached, which allowed the No. 2 claim to proceed to a consent determination.

The total area of the determination covers approximately 15,000 square kilometres and also includes areas within the Pastoral Unincorporated Area. The northern boundary extends from near Orroroo, on the Barrier Highway, south to Lyndoch. The Mid North provided important grazing country during the early stages of the colony of South Australia, but before this time, and since then, it is first and foremost the country of the Ngadjuri people.

In the No. 1 Ngadjuri claim, it was accepted that the evidence from the native title claimants indicated that they maintained a society that had continued to observe traditional laws and customs. The claimants also provided evidence of their connection to country by way of anthropological reports. The claim was first lodged in 2011. Many years have passed, and so too have a number of the claimants passed away. I have no doubt that 6 July 2023 was an enormous and emotional day for those members of the Ngadjuri Nation who gathered at the Burra Town Hall, where they had first gathered 12 years before to resolve to bring their native title claim.

South Australia was the first respondent in the Ngadjuri Nation claim, and I am pleased to see that settlement was able to be reached. Other respondents to the claim included the Clare and Gilbert Valleys Council, Mid Murray Council, Northern Areas Council, Port Pirie Regional Council, the Regional Council of Goyder, The Barossa Council, the District Council of Orroroo Carrieton, the District Council of Peterborough, the Wakefield Regional Council and various other corporate and individual respondents. All parties agreed to the consent determination.

The orders recognised non-exclusive native title rights over land and waters where it had been agreed that native title has not been extinguished. Some of these native title rights include the right to live on, use and enjoy native title land and waters in accordance with traditional Ngadjuri laws and customs, including the right to take, use, enjoy, share and exchange resources of the native title land and waters for traditional purposes; the right to teach traditional laws and customs on native title land and waters; and the right to maintain and protect places of importance.

As I said, the state of South Australia was the first to respond to the claim, and I am pleased, after so many years of waiting and hard work, the claim has been finalised. While I was unable to be there on the day at Burra, as I have been able to be at a number of other native title determinations around South Australia over the last couple of years, I understand it was a joyous occasion focused on a very bright future for the Ngadjuri Nation. I look forward to the state working together with the Ngadjuri people to help realise the future, and commend everyone involved for their efforts.

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