8 Interviewee story summaries One feature of the CLPSA was a parallel court process involving the Traditional Owners lodging a compensation application to be determined by consent of the parties. That compensation claim was filed on 18 September 2020. Two important aspects to the CLPSA from Daisy’s perspective were that the State agreed to the Traditional Owners filing a native title application over the Pila Nature Reserve on the basis of the (then proposed) new section 47C of the Native Title Act and that provision was made not just for land management activities but also for the creation of an Education Hub, for the cultural education of students from all eight campuses of the Ngaanyatjarra Lands School. This had always been Daisy’s vision for her Country. The amendments to section 47C were passed by federal Parliament on 3 February 2021.61 They came into effect on 25 March 2021. They had been first proposed by Justice French in 2008.62 At the time of her interview, Daisy was waiting for the imminent lodging of what she hoped and expected to be a successful native title claim, after so many Elders had passed without seeing their land returned to them. A few weeks after her interview, on 28 July 2021, Daisy and the other Traditional Owners of the Pila Nature Reserve filed their native title claim in the Federal Court (WAD 174/2021). The determination was finally handed down on 15 June 2022 – the first case to use the new section 47C provisions. Text Box 8.1: Native title update – section 47C Native Title Act amendment63 In February 2021, section 47C was inserted into the Native Title Act and allows for prior extinguishment to be disregarded in relation to national parks and other conservation reserves where agreed by the relevant government. Another case that has been determined using the new section 47C provision is Drill on behalf of the Purnululu Native Title Claim Group v Western Australia (No 2) [2022] FCA 1538. In addition, there are a number of other recent determinations where parties have agreed to defer determining certain areas to reach agreement under section 47C to disregard extinguishment, or have flagged the likelihood of entering into a section 47C agreement. For example, in Austin on behalf of the Eastern Maar People v State of Victoria [2023] FCA 237, it was specifically noted in the determination that section 47C could apply to certain park and reserve areas in the determination, but that no agreement had been reached by the date of the determination. The parties agreed to negotiate in good faith about these areas – and that the State and Commonwealth would not oppose the Eastern Maar people amending their original application to include those areas or bringing a new application for them. The Cape York United #1 proceedings,64 have included similar clauses in their determinations. It is also possible to reach a section 47C agreement for areas already determined, using the revised native title determination process in the Native Title Act (sections 13(1)(b) and 13(5)). Australian Human Rights Commission 61

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