South Australian Native Title Services since 2008 supporting first nations groups to regain their land heritage rights
South Australian Native Title Services was preceded by the Aboriginal Legal Rights Movement native title unit with Parry Agius (bottom left) and manager. Bottom right: Keith Thomas, South Australian Native Title Services chief executive in 2023, and a previous chair April Lawrie.
Images courtesy South Australian Native Title Services
South Australian Native Title Services (SANTS) became the native title service provider for the state in 2008, taking over the role from the native title unit of the Aboriginal Legal Rights Movement.
The native title unit operated largely independently but under the direction of the Aboriginal Legal Rights Movement board and its chief executive. Parry Agius managed the native title unit's strategy. A stand-alone organisation to deliver native title services was agreed on by the Aboriginal Legal Rights Movement and Congress (South Australia's forum for native title groups) in 2007 and completed a year later.
The South Australian Native Title Services Ltd, primarily funded by the National Indigenous Australians Agency, was a not-for-profit company assisting Aboriginal people in South Australia to gain recognition and to protect their native title rights and interests. It delivered a range of services to Aboriginal nations to achieve their social, cultural and economic aspirations.
In South Australia, a cooperative strategic approach to resolving native title was applied by the federal court, South Australian government and South Australian Native Title Services. More than 30 decisions or determinations of native title had been made since South Australian Native Title Services started operating. Most of these had been achieved through consent or agreement.
South Australian Native Title Services also assisted native title claim groups to negotiate Indigenous land use agreements that recognised the rights of native title groups in a practical and detailed way. South Australia had more than 60% of its area resolved for native title purposes.
As a common law right, native title might exist over areas of South Australian crown land or waters whether or not there were any native title claims or determinations in the area. The South Australian government environment and water department wasn’t responsible for negotiating native title rights but managed crown land consistently with the Commonwealth Native Title Act 1993 and it was fundamental to assessing applications for crown land tenure or permitting activity on crown land.
The South Australian Aboriginal Heritage Act 1988 protected and preserved Aboriginal heritage and was separate to native title. Aboriginal heritage rights applied to all lands and waters within South Australia, not just crown lands. It was an offence to damage, disturb or interfere with any Aboriginal site, damage any Aboriginal object or damage or interfere with or remove any Aboriginal object or remains.
