White J
In this decision, White J made orders by consent recognising the native title rights and interests of the Adnyamathanha People over part of the land and waters covered by the Adnyamathanha No 1 Native Title Determination Application.
The Adnyamathanha Applicants and the State of South Australia (State) and ninety four other respondents were parties to the consent determinations.
Background
The Adnyamathanha No 1 Claim related to a very substantial area of South Australia extending roughly from the eastern boundary of Lake Torrens beyond the eastern boundary of Lake Frome almost to the New South Wales border and, in the north, from the Strzelecki Ranges to its southern boundary being a line running more or less east from Port Augusta.
The Adnyamathanha No 2 Claim related to the area of the Flinders Ranges National Park.
Three previous determinations by consent had been made in relation to these claims. The Court was then asked to make two further determinations by consent in relation to additional areas within the area of the Adnyamathanha No 1 Claim.
Rights and interests recognised
Non-exclusive native title rights and interests for personal, domestic and non-commercial communal use were recognised including:
The right to access and move about, live, camp and erect shelters, cook and light fires, hunt and fish, gather and use the natural resources such as food, plants, timber, resin, ochre and soil, distribute, trade or exchange the natural resources, conduct ceremonies and hold meetings, engage and participate in cultural activities, carry out and maintain burials of deceased native title holders and of their ancestors, teach the physical and spiritual attributes of locations and sites, visit, maintain and preserve sites and places of cultural or spiritual significance, speak for and make decisions about the use and enjoyment of the Determination Area by Aboriginal people who recognise themselves to be governed by the traditional laws and customs acknowledged by the Native Title Holders of the Determination Area.
Other Orders
One of the proposed determinations related to an area the Dieri People had also made a claim for native title.
The Dieri People and the Adnyamathanha People reached agreement with respect to the overlapping claims which the State and other respondents acknowledged and this consent determination was also made.