Native title holders from a vast area in the north of South Australia, including Kati Thanda-Lake Eyre, have welcomed a win in the High Court of Australia on Wednesday over their rights to a parcel of land near Oodnadatta, which was left out of their original claim.
A group of Arabana people travelled to Canberra to see the result, after a long battle for their native title rights for the area to be recognised.
Among them was Aaron Stuart who has been part of a long battle over the land.
“As an Aboriginal person, my mind goes back to those we lost on the journey,” Mr Stuart said outside the High Court.
Case has long history
The Arabana people lodged their first native title claim in 1993, before the current native title act was in place.
A formal claim was lodged under the act in 1998, and finally granted in 2012, over a vast area that takes in cattle stations and towns including Oodnadatta.
But a small area near Oodnadatta was left out of the claim, because it was to be handed to a local Aboriginal organisation.
In the end that didn’t happen and the group lodged their claim with the Federal Court.
However, the judge refused the claim, saying the group had not maintained physical cultural connection with the land and couldn’t assert native title rights.
On Wednesday, the High Court found the judge had not applied the principles of connection to land under the Native Title Act correctly.
The court said the ruling had focused on physical acts of acknowledgement and observance of traditional laws and customs to demonstrate connection.
But in a unanimous decision, the High Court found physical acts may not be necessary where relevant laws and customs do demonstrate a connection to the land.
The group’s lawyer, Stephen Kenny, said this recognises spiritual connection, which the Arabana can show.
Mr Kenny said the re-enforcement of spiritual connection as an element in a native title claim will benefit others.
“I think it will strengthen the rights of people to claim connection to areas of country that weren’t in an original claim, it will make it much easier for them to claim those sort of left-over areas, as this really was,” he said.
“It really restates what we understand the law is to be, that your connection is by your spiritual laws and customs rather than by being camping and living an hunting on the country.”
Battle isn’t over yet
Mr Stuart says the ruling underlines the Arabana were always in the land and never gave it up.
“No-one ever moved away and come back,” he said.
“There wasn’t no extinction of people … we were always there, we are there and we’ll always be here.
“Boundaries might change with the states and territories, Arabana land is always Arabana land, as with every other tribe in Australia.”
The case will now return to the Federal Court, which will make a final ruling in light of the High Court decision.
Reported by abc.net.au