“PEOPLE will not be losing their homes or their land,” Mount Gambier Aboriginal community representative Mark Lovett told The Border Watch this week, keen to dispel any myths surrounding Native Title claims.
“The biological descendants of the Boandik people are seeking the right to continue indigenous traditions on vacant crown land.”
A Native Title claim has been lodged with the Federal Court by the First Nations of the South East for an area encompassing the seven Limestone Coast councils.
Chief executive officers from the seven regional councils included in the claim area have received preliminary advice from Norman Waterhouse Lawyers – a firm currently acting for half of the councils in South Australia in regard to Native Title matters.
Mount Gambier City Council chief executive Mark McShane said it was anticipated affected lands in Mount Gambier would include parcels of Crown land over which council is custodian or has care, control and management, comprising most of the Crater Lakes precinct, parts of Hastings Cunningham Reserve and Olympic Park and the perimeter of the Blue Lake.
“Norman Waterhouse Lawyers presented to the seven council chief executive officers several months ago,” Mr McShane said.
“If council were to engage the firm they would provide advice and assistance during the process.
“Council has no stance on this, it is not a for or against issue – as an interested party our advice might be sought at some stage.
“Right now, apart from registering as an interested party, we just hold tight and see what happens.
“The process might take a year, it might take five – it could be anywhere on the horizon.”
Mr Lovett said the claim was lodged by around seven signed applicants who are the biological descendants of 11 ancestors from Mount Gambier, Kingston, Bordertown, Millicent and Penola.
“The applicants are descendants of ancestors known to the area,” Mr Lovett said.
“They are identified and accepted as First Nations of the South East people under traditional law.”
Native Title rights are held by indigenous people and groups as derived from their laws and customs.
The Native Title Act established a legal framework to manage and resolve interests to lands and waters held or claimed by indigenous and settler Australians.
The Limestone Coast region has not had any previous claims lodged.
“I want to reiterate that people will not be losing their houses or anything like that, that’s not how the process works,” Mr Lovett said.
“The claim applies only to vacant Crown land and essentially gives the applicants identified on the claim certain rights to hunt and fish.
“For example, the identified applicants would be able to fish without a permit or hunt wombats, kangaroos or emus as their ancestors did on the same land for thousands of years.
“They can’t commercialise on it, but they can feed their families.”
Council’s strategic standing committee moved a recommendation to engage Norman Waterhouse Lawyers to represent council in conjunction with the other Limestone Coast councils and to register to become a party to the proceedings.
The motion will be put before elected members at next week’s full council meeting.
