Antinuclear

State seeks day in High Court over land rights, BY:SARAH MARTIN, SA POLITICAL REPORTER  The Australian May 11, TRADITIONAL owners have warned that a government High Court challenge over land rights in South Australia’s mid-north could send them bankrupt.

In the High Court today, the South Australian Labor government will appeal to have a finding against it overturned. Lawyers will seek costs of up to $300,000 from the Adnyamathantha Traditional Lands Association.

The South Australian Supreme Court ruled in December that former Aboriginal affairs minister Grace Portolesi had “deprived the traditional owners of the opportunity to protect and preserve their heritage” by failing to respond to a request for authority over their land at Lake Torrens, about 345km north of Adelaide.

The court found the government ignored the request from traditional owners for control over the land for about seven months.

However, on the same day Ms Portolesi responded to their request expressing “concerns” over the application, she approved the destruction of significant cultural sites on the land by a mining company, Straits Exploration.

Lands association chairman Vince Coulthard said he was surprised the government was attempting to overturn the ruling and impose costs on the group.

“It could potentially bankrupt us, but maybe that is what the state government wants,” he said.

“I feel it is a mean attack on us, given this whole thing could have been avoided.”

The court found Ms Portolesi had denied traditional owners “procedural fairness” by authorising drilling at the Lake Torrens site while failing to respond to a request for a delegation of ministerial powers to the traditional owners.

Under the Aboriginal Heritage Act – which the government is now reviewing – the minister must transfer authority to traditional owners if requested……..

The High Court will consider today whether it will accept the state’s application for a hearing. http://www.theaustralian.com.au/national-affairs/indigenous/state-seeks-day-in-high-court-over-land-rights/story-fn9hm1pm-1226352471154