Mansfield J
In this decision Mansfield J made orders by consent recognised the native title rights and interests of the Adnyamathanha people in relation to lands and water in an area called Yappala to the north of Hawker in South Australia, including Hookina and sections of Barndioota. The claim was first filed on 18 May 2010 and amended on 2 December 2010. The respondent parties include the State of South Australia and South Australian Native Title Services. Adnyamathanha Traditional Lands Association (Aboriginal Corporation) RNTBC was appointed as the prescribed body corporate for the area.
Rights and Interests recognised
The Court found that the Adnyamathanha people hold exclusive rights to possession, occupation, use and enjoyment of the area to the exclusion of all others in relation to those areas described in Schedule 1 of the determination.
In relation to those areas listed in Schedule 1A to the determination, the Court recognised non-exclusive native title rights and interests including rights to access and move freely through and within the area; to live; camp; light fires for domestic purposes; engage and participate in cultural activities; maintain and protect sites of cultural significance; hunt, fish, gather and use natural resources within the area.
In a previous decision, Adnyamathanha People No 3 Native Title Claim v State of South Australia [2014] FCA 101, the court held that s 47A of the Native Title Act 1993 (Cth) (NTA) applied to the perpetual leases and freehold title held by the Viliwarinha Yura Aboriginal Corporation so that any prior extinguishment is disregarded.
Exclusive native title was able to be recognised over much of the area due to the application of ss 47A and 47B of the Act.