Croft on behalf of the Barngarla Native Title Claim Group v State of South Australia [2015] FCA 9

FEDERAL COURT OF AUSTRALIA

Croft on behalf of the Barngarla Native Title Claim Group v State of South Australia [2015] FCA 9 Citation: Croft on behalf of the Barngarla Native Title Claim Group v State of South Australia [2015] FCA 9

Parties: BARRY CROFT AND OTHERS ON BEHALF OF THE BARNGARLA NATIVE TITLE CLAIM GROUP v STATE OF SOUTH AUSTRALIA AND OTHERS (see Schedule at Appendix B for full list of parties)

File number: SAD 6011 of 1998

Judge: MANSFIELD J

Date of judgment: 22 January 2015

Catchwords: NATIVE TITLE – application for determination of native title – whether applicant on behalf of claim group had established matters required by s 223 of Native Title Act 1993 (Cth) over eastern portion of Eyre Peninsula – where State contended that there had been substantial interruption and then attempted renewal of traditional laws and customs – whether applicant established native title claim group at sovereignty had rights and interests in section of claim area south of Port Lincoln either solely or conjunctively or had established succession to that part of claim area under traditional laws and customs – whether applicant established native title claim group at sovereignty had rights and interests in areas of sea beyond areas accessible from low water mark without sea vessels – decision to recognise Barngarla people as holders of native title rights and interests but not including area south of Port Lincoln or sea areas not accessible without sea going vessels beyond low water mark – whether applicant established that native title rights and interests included right to trade in traditional resources found in proposed determination area