Crown law... THE Barngarla people of South Australia’s Eyre Peninsula have celebrated a Federal Court part-judgment giving them native title claim to almost 45,000sq km of the state. After a 20-year legal fight, traditional ownership was recognised for a triangular area of land extending south from Port Augusta to Port Lincoln along the coast to about 60km east of Ceduna. Judge John Mansfield said yesterday the claim excluded Port Augusta, islands of the Spencer Gulf, waters claimed south of Port Lincoln and beyond the low-tide mark. The case will return to court over the next few weeks to establish how much of the native title had been extinguished by acts of the crown. The claim had its origins in a 1993 Aboriginal heritage order to halt work at BHP’s Iron Princess ore mine at Iron Knob, near Whyalla, where BHP agreed to move sacred rocks from the mine site. Yesterday’s judgment gave the Barngarla people rights to possess and occupy land, make decisions about the use of the area and control access, but it did not allow trade in resources of the area or for the people to receive a portion of any resources taken by others from the area. Barngarla People’s Committee chairman Elliott McNamara, who represents about 500 members of the group, said the judgment was significant and cleared up confusion. “Local government, pastoralists, miners — at least they know now who to deal with and we certainly want to work with them as well,” Mr McNamara said. “Now business will be done directly through the Barngarla People’s Committee. This is our own country now: it doesn’t belong to anyone else, it belongs to us.’’ Barngarla descendant and Rhodes Scholar Rebecca Richards said the decision was “fantastic” for its recognition of Barngarla culture but there were mixed feelings about the claim to areas around Port Augusta. The original 1996 claim extended towards the Flinders Ranges, in the state’s far north, but was reduced in light of claims by rival Aboriginal groups, including the Adnyamathanha, the Nukunu and the Kuyani. Claimant solicitor Phillip Teitzel said the decision had national significance in recognising native title alongside densely populated areas such as Whyalla, home to more than 20,000 residents. “There’s always been a perception rather than a reality (that) if there’s a densely populated area that had an obliterating effect on Aboriginal culture ... that culture can still survive in those areas and be as strong and vibrant,’’ he said. He said there may be wider implications for native title claims where there are large settlements. Native title expert and University of Notre Dame adjunct professor Greg McIntyre said the judgment did not set any national precedents. “It does not decide any matters of principle which have not been decided in previous native title cases,’’ he said.
Posted on: Fri, 23 Jan 2015 12:09:28 +0000
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