Charlesworth J
This matter recognised non-exclusive native title held by the Arabana people over land and waters in South Australia. This determination was reached by consent between the Arabana people and the State, pursuant to s 87A of the Native Title Act 1993 (Cth). The Arabana Aboriginal Corporation RNTBC was nominated as the agent to hold the native title.
Background
The applicant first lodged a native title claim in March 2013 over two separate areas of land near Kati Thanda (Lake Eyre) in northern South Australia. The claim was divided into two parts based on the two different areas. The second part, which wholly overlaps with claims brought by the Walka Wani people, is known as the Oodnadatta Common. This matter concerned the first part, where no overlap occurs. This area partially includes two pastoral leases, a former railway land and a digital radio tower.
The Determination
The Court found it was appropriate to made make this order on the agreed basis that the Arabana people, as part of the wider Lakes Group, constitute a society continuously connected to the determination area. Non-exclusive native title rights and interests were recognised over the area. Native title was deemed to be extinguished within the area where public works and roads had been established.