South Australian Consolidated Acts South Australian Consolidated Acts12B—Additional right to object to prescribed private acquisition
(1) Native title
parties may, by written notice to the Minister, object to a
prescribed private acquisition so far as it affects their registered native
title rights.
(2) An objection under
subsection (1) must be made within two months after notice of intention
to acquire the land is given or, if an explanation of the reasons for the
acquisition is required, within two months after the explanation is provided.
(3) The Minister must
consult any native title parties who object under subsection (1) about
ways of minimising the impact of the acquisition project on registered
native title rights and, if relevant, access to the land.
(4) The
Attorney-General must, at the request of a native title party who has made an
objection under this section, appoint an independent person or body to hear
the objection.
Example—
The Attorney-General might appoint a Judge of the ERD Court or a native title
commissioner to hear the objection.
(5) Before making such
an appointment, the Attorney-General must consult the Minister and the
native title party.
(6) If the independent
person or body hearing an objection under this section makes a determination
upholding the objection, or that contains conditions about the acquisition
that relate to registered native title rights, the determination must be
complied with unless—
(a) the
Minister responsible for indigenous affairs is consulted; and
(b) the
consultation is taken into account; and
(c) it
is in the interests of the State not to comply with the recommendation.
(7) For the purposes
of this section—
"determination" includes recommendation;
"in the interests of the State" includes—
(a) for
the social or economic benefit of the State (including Aboriginal peoples);
and
(b) in
the interests of the relevant region or locality in the State;
"Minister" means the Minister responsible for the administration of the Act
under which the Authority in question is empowered to make the proposed
acquisition.
Note—
Compare section 24MD(6B) of the Native Title Act 1993 (Cwth).