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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2023-09-14 Daily Xml
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Wilyakali Native Title Claim

The Hon. R.P. WORTLEY (14:35): My question is to the Attorney-General. Will the minister inform the council about the resolution of the Wilyakali native title claim?

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (14:35): I thank the honourable member for his question and his interest in this area. I am very pleased to inform the council that the Wilyakali native title claim was resolved by consent determination only a couple of weeks ago, on 28 August 2023.

Justice Raper of the Federal Court presided over the consent determination hearing at Maurice's Bore near Oulnina Station on South Australia's border with New South Wales. I am informed that the hearing was very well attended. In the vicinity of 100 people were present to bear witness to this historic occasion. Dulcie O'Donnell, a named applicant, performed the Welcome to Country. Her nephew performed a smoking ceremony and all attendees were encouraged to pass through it, led by the judge.

The Wilyakali claim for recognition of native title was made over a portion of the Pastoral Unincorporated Area of the eastern part of South Australia, from Oulnina Station on the Barrier Highway to the New South Wales border. The claim has been on foot for over a decade now. Descendants of named applicants for the claim are quoted as recognising the day as very emotional for the remembrance of those ancestors and the people who had recently been lost before the determination.

In a previous determination claim, it was accepted that the evidence from the native title claimants indicated that they had maintained a society that had continued to observe traditional laws and customs since pre-sovereignty. The Wilyakali also provided a connection by evidence, by way of expert anthropological reports and statements that were assessed as they are in these sorts of claims.

South Australia was the first respondent in the claim and I am very pleased that a settlement has been able to be reached. Part of the settlement includes a payment of funds to the Wilyakali Native Title Aboriginal Corporation to be invested in its ongoing administration and corporate compliance. The orders recognise non-exclusive native title rights over land where it has been agreed that native title has not been extinguished. These native title rights in this consent determination include:

the right to live on, use and enjoy the native title land in accordance with the traditional Wilyakali laws and customs, including the right to take, use, enjoy, share and exchange in the resources of the native title land and waters for traditional purposes;

the right to teach traditional laws and customs to each other on native title land; and

the right to maintain and protect places of importance.

Other respondents to the claim include Amplitel Pty Ltd, Havilah Resources, Magnetite Mines Limited, Telstra Corporation, the Mutooroo Pastoral Company, Mannahill Pastoral Services and Lodestone Mines. Magnetite Mines were represented at the consent determination.

The director of Lodestone Mines, which is developing a mine site on part of the determination area, is quoted in media reports as looking forward to employing Wilyakali people as part of the workforce once operations commence. I congratulate all those and their determination in making sure this native title consent determination was recognised in Australian law.

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