Charlesworth J
Charlesworth J ordered there be a determination of native title over 15,000 square kilometres running from Port Broughton in the west, to Spalding in the east and running north in a line through areas close to Orroroo, Carrieton, Cradock and Yourambulla then west to Warrakimbo in the north then south in a line east of Port Augusta and extending into the waters of Spencer Gulf down to Port Broughton.
Background
The Application No. SAD 6012 of 1998 was first lodged in 1998 before being amended in 2012. The Application is overlapped by both the Kokatha No 3 claim (SAD 83 of 2016) and the remainder of the Barngarla claim (SAD 6011 of 1998) in the area of the Port Augusta Overlap Proceeding.
The non-overlapped area of the application (Area 1) was listed for trial in October 2018. The Applicant then approached the State with a view to agreeing to settle the Application without the need to proceed to trial and the parties have now reached a compromise as set out in this Determination and related Indigenous Land Use Agreement (Nukunu (Area 1) Settlement). The Determination will take effect upon the registration of the ILUA.
Rights and interests
The rights and interests recognised are the non-exclusive rights to use and enjoy the land and waters, being the right of access to the land and waters; live on, use and enjoy the land and waters including for ceremonial purposes; take, use enjoy, share and exchange the resources including by fishing, hunting and gathering; subject to the Natural Resources Management Act 2004 (SA) or any successor Act, to use the natural water resources; conduct funerals and burials; visit, maintain and protect places of importance under traditional laws, customs and practices; teach traditional laws and customs to each other; and to be accompanied by spouses of Nukunu persons or people required by the traditional laws and customs for the performance of ceremonies or cultural activities.
Prescribed Body Corporate
The native title is not to be held on trust. At [22], the Nukunu Wapma Thura Aboriginal Corporation is to be the prescribed body corporate for the purposes of s 57(2) of the NTA; and perform the functions mentioned in s 57(3) of the NTA after becoming the registered native title body corporate in relation to the Native Title Land.