Mansfield J
In this case, Mansfield J recognised the native title rights and interests of the Barngarla people over 44,500 square kilometres of land and waters on South Australia’s Eyre Peninsula.
The group first lodged an application with the National Native Title Tribunal (NNTT) on 4 April 1996, which was subsequently referred to the Federal Court in 1998. The claimed area covers almost two thirds of the peninsula, stretching along the coast between Port Augusta and Port Lincoln in the east, the Gawler Ranges in the north and between Wudinna, Wirrulla and Cummins in the west. The application covers 23 pastoral leases, 15 local government areas, 2 pipeline leases, and a number of national parks, and overlaps with a number of commercial fishing, mining and energy interests. The original application also covered the city of Port Augusta, however in 2012; the Application was split to allow the Port Augusta town claims to be dealt with separately. This matter concerns the area excluding the town. Due to the amount of overlapping interests, the State of South Australia was joined by 330 respondents, including a number of local government bodies, pastoralists and energy corporations.
On 22 January 2015, the Court made findings on the issue of connection in Croft on behalf of the Barngarla Native Title Claim Group v State of South Australia [2015] FCA 9. The determination in this case was sought by the parties to give effect to those findings and the terms agreed to in relation to the issues of extinguishment.
Rights and interests
Mansfield J held that the Barngarla people possess the non-exclusive rights to live on, use and enjoy the land and waters; access the land and waters; make decisions about the use and enjoyment of the land and waters by those Aboriginal people who recognise themselves to be governed by the traditional laws and customs acknowledged by the native title holders; use and enjoy resources of the land and waters and control the use of resources of other Aboriginal people governed under traditional laws; to maintain and protect places of importance under traditional laws, customs and practices; and the right to conduct burial ceremonies.
His Honour acknowledged that these rights and interests are subject to the rights of other interest holders in the determination area, including pastoral leases; the public right to fish and navigate in the area; the rights of the Crown in relation to the National Parks and Wildlife Act 1972 (SA); the rights of the local councils under the Local Government Act 1934 (SA), the Local Government Act 1999 (SA) or the Outback Communities (Administration and Management) Act 2009 (SA); the rights of registered proprietors; and the interests of telecommunications, fisheries, mining, energy and manufacturing companies.
The determination will take effect upon the Barngarla Settlement ILUA being registered on the Register of Indigenous Land Use Agreements. The applicant is yet to nominate a prescribed body corporate.