Saturday, Jun 02, 2012 at 11:33
OK so there's a limit to the size of the response which caused the middle to be edited?
Bazooka is suffering from a miss-conception shared until recently by the Arabunna and still by many media commentators. Do not confuse FREEHOLD title with NATIVE title. The two are completely different. The Arabunna have been granted NATIVE TITLE to Lake
Eyre and do not own it. Lake
Eyre is a national park and therefore part of the public estate owned by ALL Australians. It is surrounded by Crown Land subject to pastoral lease. Native title gives the Arabunna certain rights over the area such as the ability to maintain traditional practices and have a say in development of the area such as mining.
Native Title cannot supersede common law rights. Federal Courts have already decided so as to do so would destroy our legal system.
To boat on a waterway is akin to driving on a highway. Any person has a common law right to do so. It appears that the Arabunna and the SA Govt. don't believe in "democratic law" in their attempts to stop my members boating. We tested the governments resolve last year - guess what happened - zilch.
I started this reply by saying "until recently". This was because the Arabunna, in response to our recent attempts through proper channels to prove our case, have asked the State Government for legislation to ban boating. That is it has finally sunk in that they can't stop us. It would take a very courageous government to tamper with common law rights that have existed in law for thousands of years. A high court challenge would be a practical response.
>I'd like to see the owners compromise with the LE Yacht Club to allow one weekend of limited sailing annually (when the lake is full of course) but I can understand that they might just think it is trivial. After all there are plenty of other lakes available for
recreation.<
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