South Australian Consolidated Acts

LAND ACQUISITION ACT 1969 - SECT 21

21—Criteria for making determination

        (1)         In making its determination, the ERD Court must take into account the following:

            (a)         the effect of the acquisition project on—

                  (i)         the enjoyment by the native title parties of their registered native title rights; and

                  (ii)         the way of life, culture and traditions of any of those parties; and

                  (iii)         the development of the social, cultural and economic structures of any of those parties; and

                  (iv)         the freedom of access by any of those parties to the land concerned and their freedom to carry out rites, ceremonies or other activities of cultural significance on the land in accordance with their traditions; and

                  (v)         any area or site, on the land concerned, of particular significance to the native title parties in accordance with their traditions;

            (b)         the interests, proposals, opinions or wishes of the native title parties in relation to the management, use or control of the land in relation to which the native title parties hold or claim registered native title rights that will be affected by the acquisition project;

            (c)         the economic or other significance of the acquisition project to Australia, to the State, to the area in which the land is located and to Aboriginal peoples who live in that area;

            (d)         any public interest in the acquisition project proceeding;

            (e)         any other matter the ERD Court considers relevant.

        (2)         In determining the effect of the acquisition project as mentioned in subsection (1)(a), the ERD Court must take into account the nature and extent of—

            (a)         existing non-native title rights and interests in the land; and

            (b)         existing use of the land by persons other than the native title parties.

        (3)         This section does not affect the operation of another law of the State or the Commonwealth for the preservation or protection of areas or sites of particular significance to Aboriginal people.

        (4)         Before making its determination, the ERD Court must ascertain whether there is agreement between the parties on issues relevant to the determination and, if all the parties consent, the ERD Court—

            (a)         must take into account the agreement of the parties on issues relevant to the determination; and

            (b)         need not take into account the matters mentioned in subsection (1) to the extent they raise issues on which agreement has been reached.