Two decades after Mabo, court set to recognise Lake Eyre native title

THE Federal Court is expected today to recognise native title over Lake Eyre in a special hearing at Finniss Springs Station south of the Oodnadatta Track.

More than 14 years after the claim was lodged by the Arabana people and two decades after the original Mabo judgment quashing terra nullius, the court will determine whether indigenous title exists over 68,823 square kilometres of land in northern South Australia. The arid area under claim includes Lake Eyre, Marree town, and Anna Creek Station – the largest working cattle station in the world.

The Arabana people’s stake in Australia’s largest lake and popular tourist destination has proved controversial. Early last year, they moved to ban sailing on the lake due to its spiritual significance, bringing them into conflict with the local yachting club in a year when the lake was finally filling after two years of flooding in the country’s north. The Lake Eyre yachting club commodore, Bob Backway, encouraged sailors to risk hefty fines for using the lake without a permit in defiance of Arabana wishes.

Today’s decision, to be presided over by Justice Paul Finn, will be made by way of consent with other groups including the South Australian government, following mediation through the National Native Title Tribunal.

”Lake Eyre is a sacred and significant place to all Arabana people,” Aaron Stuart, the chairman of the Arabana Aboriginal Corporation, said in a statement last week.”We care for that land and the lake and we want to see the land protected. This does not mean that we object to tourists. We welcome tourism and we are happy to share our country.”

The Adelaide-based lawyer for the native title seekers, Stephen Kenny, said he expected hundreds of people to attend the hearing at Finniss Springs Station, a place he said would be leased on a long-term basis back to the Arabana people.

Marree’s publican, Phil Turner, said he supported the native title claim, but was worried some Arabana people were not aware of the limits of their stake in the land.

”I think it’s absolutely magnificent,” he said. ”[But] it’s only title. They don’t have any rights to the land other than to hunt. It won’t change anything here.”

A spokeswoman for the South Australian Attorney-General, John Rau, said: ”Native title has been a difficult and complex issue for both the state and the claimant groups and I am pleased that, in this instance, such complexities have now been worked through in a spirit of co-operation and agreement.”

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