Native Title

What is Native Title?

Native title is a form of land title that recognises the unique ties some Aboriginal groups have to land. Australian law recognises that native title exists where Aboriginal people have maintained a traditional connection to their land and waters, since sovereignty, and where acts of government have not removed it.

Native title recognises the traditional rights and interests to land and waters of Aboriginal and Torres Strait Islander people. Under the Native Title Act 1993 (NTA), native title claimants can make an application to the Federal Court to have their native title recognised by Australian law.

 

Which groups have native title claims over Lake Gairdner?

This region is the home country of the Kokatha people.

 

Who administers Native Title?

The National Native Title Tribunal is an independent agency established by the Native Title Act 1993 (Cth).
The Tribunal make decisions, conduct inquiries, reviews and mediations, and assist various parties with native title applications, and Indigenous land use agreements (‘ILUAs’).

Summary

The National Native Title Tribunal is the arbitrator of all Native Title claims and treaties.

A Delegate of the Native Title Registrar makes an assesment of each claim pursuant to sections 190, 190A, 190B, 190C, 190D of the Native Title Act 1993 (Cwlth).

There are a number of conditions and sub conditions contained in sections 190B and 190C of the Native Title Act 1993 (Cwlth).
s. 190A of the Native Title Act 1993 (Cwlth). sets out how a claim and assesment is made.
s. 190B and 190C. sets out the conditions (A claim has to satisfy all conditions to be successful.)
s. 190D sets out the instructions for a notice of decision if the claim cannot be registered

Merit conditions: s. 190B
S190B(2) - Identification of area subject to native title
S190B(3) - Identification of native title claim groups
S190B(4) - Identification of claimed native title
S190B(5) - Factual basis for claimed native title
S190B(6) - Prima facie case
S190B(7) - Physical connection
S190B(8) - No failure to comply with section 61A
S190B(9) - No extinguishment etc of claimed native title

Procedural and other conditions: s. 190C
S190C(2) - Information etc required by sections 61 & 62
S190C(3) - No previous overlapping claim groups
S190C(4) - Identity of claimed native title holders

 

Which Agreement affects the DLRA?

Lake Gairdner National Park Indigenous Land Use Agreement (ILUA) 13/04/2012

 

People

  • Andrew Beckworth was a Native title lawyer
  • Andrew Dingaman is a member of the Gawler Ranges Native Title Claim Group, which is taking part in the currently active Gawler Ranges Native Title Claim (Federal Court File No. SAD6020/98). 
  • Elliott Lancelot McNamara was a member of the Gawler Ranges Native Title Claim Group.
  • Howard Richards is a member of the Gawler Ranges Native Title Claim Group
  • Kenneth Harry Smith is a member of the Gawler Ranges Native Title Claim Group, which is taking part in the currently active Gawler Ranges Native Title Claim (Federal Court File No. SAD6020/98). 

 

Gawler Ranges Aboriginal Corporation

The Gawler Ranges Aboriginal Corporation administers land on behalf of the Gawler Ranges People. It was incorporated just before the Gawler Ranges native title consent determination was handed down on 19 December 2011. 
The consent determination recognised the Gawler People's non-exclusive native rights to 'to access, hunt, fish, camp gather and use the natural resources, undertake cultural activities, conduct ceremonies and meetings, and protect places of cultural and religious significance'.

 

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