8 Interviewee story summaries Text Box 8.5: Cultural heritage protection of Lake Torrens, SA Since 1998 there have been overlapping claims over Lake Torrens and separate determinations over land adjacent to it – the Kokatha people hold native title over land to the west of Lake Torrens; the Adnyamathanha people hold native title over land to the east of Lake Torrens; and the Barngarla people hold native title over land to the south of Lake Torrens. Many negotiations and mediations were held by the parties to try and resolve the overlapping claims over Lake Torrens itself, with attempts to resolve through an ILUA process, a consent determination or the formulation of a single claim. None of those approaches were successful. The court eventually ordered that the three overlapping claims be heard together. In 2016, Mansfield J declined to prioritise one set of beliefs over the others and determined that he could not support any one of the competing claims.86 This left no native title rights for any of the three claimant groups, and left Lake Torrens without the protection afforded to native title-held land under the Mining Act 1971 (SA), Part 9B. Lake Torrens is recorded on the SA Government’s Register of Aboriginal Sites and Objects; however, section 23 of the Aboriginal Heritage Act 1998 (SA) allows the minister to approve acts which may ‘damage, disturb or interfere’ with Aboriginal sites. The South Australian Heritage Committee recommended that the SA Government refuse mining applications in the area due to the cultural significance for local Aboriginal groups. In 2020, the SA Premier approved exploration permits for the Kelaray company (a subsidiary of Argonaut Resources) to drill in Lake Torrens. Despite opposition, drilling commenced at Lake Torrens in March 2021. The Barngarla Determination Aboriginal Corporation launched a judicial review and in September 2021, the Kokatha Aboriginal Corporation made applications to the Federal Environment Minister to protect Lake Torrens under section 10 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) (ATSIHPA).87 The number of applications made to the Commonwealth Minister for the Environment to make a declaration for the protection and preservation of a significant Aboriginal area and/or object from injury or desecration has been increasing since 2019.88 The Joint Standing Committee on Northern Australia, in its report on the Inquiry into the Destruction of 46,000 year old caves at the Juukan Gorge in the Pilbara region of Western Australia, A Way Forward found the Commonwealth ATSIHPA offered inadequate protection and recommended a new framework for cultural heritage protection at the national level.89 Australian Human Rights Commission 103