Mansfield J
In this decision, Mansfield J made orders by consent recognising non-exclusive native title rights and interests of the Wangkangurru/Yarluyandi People in relation to land and waters comprising nearly 79,600 sq km, covering:
approximately 60,600 sq km in far north/north east South Australia, which includes the Simpson Desert Conservation Park and the Simpson Desert Regional Reserve (about 36,000 sq km) and the remaining area predominantly made up of land held under pastoral lease; and
approximately 19,000 sq km in south western Queensland, which includes some 10,000 square kilometres of the Munga-Thirri National Park with its remarkable sand dunes, and the township of Birdsville.
Mansfield J described the determination area as remote and extraordinary country.
The respondents in this matter included the State of South Australia, State of Queensland, South Australian Native Title Services Ltd, Diamantina Shire Council, Australian Wildlife Conservancy, South Australian Apiarists Association, pastoral companies, energy companies and other individuals with an interest in the determination area.
Rights and Interests recognised
The nature and extent of the Wangkangurru/Yarluyandi People's rights and interests in the Native Title Land described are the non-exclusive rights to use and enjoy those lands and waters in accordance with the Native Title Holders’ traditional laws and customs, being:
(a) the right to access and move about the land;
(b) the right to live and camp on the land for the purpose of exercising their native title rights and interests, and for those purposes erect temporary shelters and other structures;
(c) the right to hunt and fish;
(d) the right to gather and use, share and exchange and take the natural resources and natural water resources of the land;
(h) the right to engage and participate in cultural activities and conduct ceremonies and hold meetings on the land;
(j) the right to teach on the land the physical and spiritual attributes of locations, visit, maintain and protect sites and places of cultural and religious significance to Native Title Holders, under their traditional laws and customs, on the land; and
(l) the right to be accompanied by those people who, though not Native Title Holders, are spouses of Native Title Holders or people required by traditional law and custom for the performance of ceremonies or cultural activities on the land or people who have rights in relation to the land according to the traditional laws and customs acknowledged by the Native Title Holders.
Subject to other orders, the nature and extent of the native title rights and interests in relation to the land described in Part C of Schedule 3 of the orders are the non-exclusive rights to access, be present on and traverse those lands and waters.
The native title rights and interests described are for personal, domestic and communal use but do not include commercial use of the land, natural resources and water resources from it.
Consent determination
Mansfield J noted that,having regard to all of the evidence presented, and the careful processes used by the States of South Australia and Queensland to assess the native title evidence, the Court was satisfied that the elements of ss 223 and 225 of the NTA had been met and orders should be made by consent under s 87 of the NTA.
The Wangkanguru/Yarluyandi Aboriginal Corporation (WYAC) was determined as the Prescribed Body Corporate to hold the native title on trust for the Wangkangurru/Yarluyandi People.
The Court noted that immediately following the making of the determination, the State of South Australia, the applicant and WYAC will execute the Wangkangurru Yarluyandi Claim Settlement Indigenous Land Use Agreement which provides for a process under which the State of South Australia may undertake future acts on Native Title Land in the Determination Area and the provision of compensation in full and final settlement of the existing NTA compensation liability in relation to the South Australian Determination Area. This means that all issues relating to native title in the South Australian portion of the claim will be finally resolved.
Additional Indigenous Land Use Agreements are also proposed to be executed.