Antinuclear

High Court rules for Aboriginal land rights, against South Australian govt

In December, the South Australian Supreme Court found Ms Portolesi had denied landowners “procedural fairness” by ignoring for seven months a request for authority over land at Lake Torrens in the state’s mid-north. On the same day she responded to their request, she approved a mining company’s application to disturb a site of significance.

SA Labor’s land rights appeal rejected BY: SARAH MARTIN From: The Australian May 12, 2012   THE High Court has thrown out an appeal by the South Australian Labor government against Aboriginal landowners, deeming it not to be in the public interest.

The dismissal of the appeal came yesterday as former Aboriginal affairs minister Grace Portolesi moved to distance herself from the land rights stoush, which was sparked by her mishandling of a request for land control by indigenous groups….

… In December, the South Australian Supreme Court found Ms Portolesi had denied landowners “procedural fairness” by ignoring for seven months a request for authority over land at Lake Torrens in the state’s mid-north. On the same day she responded to their request, she approved a mining company’s application to disturb a site of significance.

The Supreme Court quashed the mining company’s authority, finding that
Ms Portolesi had “deprived the traditional owners of the opportunity
to protect and preserve their heritage”.

South Australia’s Solicitor-General, Martin Hinton, told the High
Court yesterday the ruling would force the government to determine
traditional land ownership before letting mining companies disturb
Aboriginal sites…… The court said the government’s claim did not
meet the criteria of being in the public interest and dismissed it
with costs, expected to be about $300,000….. Adnyamathantha
Traditional Lands Association chairman Vince Coulthard welcomed the
High Court’s decision.
http://www.theaustralian.com.au/national-affairs/state-politics/sa-labors-land-rights-appeal-rejected/story-e6frgczx-1226353378486

May 12, 2012 - Posted by Christina Macpherson | aboriginal issues, legal, South Australia | South Australia