Mirning Eastern Sea & Land Claim

MIRNING EASTERN SEA & LAND CLAIM – NATIVE TITLE AUTHORISATION MEETING

All* living Aboriginal people who:

1.    are Mirning people (as described below); AND

2.    acknowledge that the Mirning People possess native title rights and interests in the Claim Area (shown on the map above and described below), under the traditional laws acknowledged, and the traditional customs observed, by the Mirning People,

are invited to attend a meeting for the purpose of authorising a native title determination application (Claim) over the Claim Area.

Persons who do not satisfy (1) and (2) above may not participate in the meeting and will not be permitted entry unless exceptional circumstances apply (for example, a carer for a person who is permitted entry).

IF YOU WISH TO PARTICIPATE, YOU MUST ATTEND.  DECISIONS BINDING THE MIRNING PEOPLE MAY BE MADE IN YOUR ABSENCE.

* Persons aged 15, 16 and 17 years old may or may not be permitted to participate in the meeting; a decision will be made on this issue by those present at the start of the meeting.

Date: Saturday 8th May 2021

Venue:  Port Lincoln Hotel, 1 Lincoln Highway, Port Lincoln SA 5606

Registration:  9.00 am – 10.45 am

PRE-REGISTRATION IS STRONGLY ENCOURAGED

Meeting start:  11.00 am

For the purposes of this claim, the Mirning People are the persons who:

A.   are a biological descendant of one or more of the following persons: Tjabilja (Lawrie); Bingi (father of Yari Wagon Billy); Maggie (mother of Jimmy Scott); Jack McCarthy; Jimmy Mingo (also known as Kolbari, Karraiji and Mailman Jimmy); Charlie Traveller; and Jack Jacobs (whose wife was Kakaanj); Colona Tom AND

B.   self-identify as a Mirning person; AND

C.   acknowledge that the Mirning People possess native title rights and interests in the Claim Area, under the traditional laws acknowledged, and the traditional customs observed, by the Mirning people.

The Claim Area is the area within the following boundaries:

WEST: the seaward prolongation of the South Australian border with Western Australia; SOUTH: (over the sea) the line of latitude 33° S to the point where that line intersects lowest astronomical tide and then (over the land) generally easterly to Murphy’s Haystacks; EAST: the line from Murphy’s Haystacks to Wallala Rock, terminating where that line intersects the Bangarla Determination; and NORTH, the boundaries of the Far West Coast determination and (near Wallala Rock) the Barngarla determination.  The Claim Area overlaps all of the Far West Coast Sea Claim (SAD71/2016), and parts of the Wirangu No 2 Claim (SAD6019/1998), the Wirangu #3 Claim (SAD228/2019), and the Wirangu Sea Claim (SAD7/2021).

Registration

1.    You are encouraged to pre-register (see details further below).

2.    To register you must:

2.1    identify how you are a descendant of one or more apical ancestors identified in (A) above; and

2.2    sign and return* an acknowledgment of (B) and (C) above.

* you can text through a photo of your signed acknowledgment form.

Meeting Agenda

1.    Introduction, background to the proposed Claim, content of the proposed Claim, and interaction with overlapping claims;

2.    Consideration of the following proposed resolutions and related business:

2.1    all Mirning persons present aged 15 (or 16) (or 17) (or 18) and older may participate in the meeting;

2.2    only Mirning persons present may make decisions;

2.3    there is a process of decision‑making that, under Mirning traditional laws and customs, must be complied with in relation to authorising things like native title claims. That process is: (a) consultation with senior elders present before any decision is made; and then (b) making a decision by majority vote after that consultation has occurred;

2.5    alternatively, there is no particular process of decision‑making that, under Mirning traditional laws and customs, must be complied with in relation to authorising things like native title claims, but the process set out above should be followed and those Mirning persons present agree to do so;

2.6    all non-Mirning persons present must keep confidential anything that they learn at the meeting;

2.7    sufficient notice was given of the meeting to allow binding decisions to be made;

2.8    the following Mirning persons are authorised under sections 61(1) and 251B of the Native Title Act 1993 (Cth) to be, jointly, ‘the Applicant’ for the Claim and to deal with all matters arising under this Act in relation to the application: [person/s to be chosen at the meeting];

2.9    the Applicant is authorised to make the Claim and to deal with all matters arising under this Act in relation to the Claim;

2.10  if the Applicant comprises three or more persons, the Applicant is authorised to make decisions by majority;

2.11  the Applicant is required to act in the best interests of all Mirning People and not just the family groups of the persons comprising the Applicant;

2.12  before making important decisions, the Applicant must take reasonably practicable steps to consult with any senior Mirning elders who are not part of the Applicant (for example by telephoning them and speaking with them);

2.13  the Applicant is directed to urgently seek funding for the Claim, including for expert anthropological assistance, expert linguistic assistance, expert archaeological assistance, and legal assistance; and

2.14  unless government funding is obtained for the Claim, the person/s comprising the Applicant may not seek or obtain any fee for carrying out the duties of the Applicant (exception: dealing with proponents who fund meetings with the Applicant).

Limited travel assistance is available. Pre-register early to secure your seat on a chartered bus from Ceduna or Adelaide.  Fuel reimbursement only by prior arrangement and only where at least 2 attendees travel in the same vehicle. No accommodation or meals supplied (apart from catering at the meeting).

For further information and to pre-register:

Question & Answers Page: https://mirning.org/mesl-qa/

Email: info@mirning.org

Phone: 0472 516 271