South Australian Consolidated Acts South Australian Consolidated Acts (1) An application for
a native title declaration in respect of land may be made to the Court by an
interested person.
(2) The following are
interested persons:
(a) a
member of an Aboriginal group claiming native title in the land who is
authorised by the Aboriginal group to make the application and to deal with
matters arising in relation to the application on behalf of the group;
(b) a
person whose interests would be affected by the existence of native title in
the land (including a person who proposes to carry out mining operations on
the land);
(c) the
State Minister;
(d) the
Commonwealth Minister.
(3) However—
(a) an
application cannot be made in relation to land that is already the subject of
a native title declaration;
(b) if a
previous exclusive possession act attributable to the State 1 or the
Commonwealth has been done in relation to the land, a claimant application
cannot be made in relation to the land unless—
(i)
the extinguishing effect of the act is to be disregarded
under section 47, 47A or 47B of the Commonwealth Act; and
(ii)
the application includes a statement to that effect;
(c) if a
previous non-exclusive possession act attributable to the State 2 or the
Commonwealth has been done in relation to the land, a claimant application for
a native title declaration establishing a right to exclusive possession of the
land cannot be made unless—
(i)
the extinguishing effect of the act is to be disregarded
under section 47, 47A or 47B of the Commonwealth Act; and
(ii)
the application includes a statement to that effect.
(4) In this
section—
"previous exclusive possession act" and "previous non-exclusive possession act
have the same meanings as in the Commonwealth Act.
Explanatory notes—
1 Paragraph (b) is of no effect in relation to
acts attributable to the State unless the State has made provision as
mentioned in section 23E of the Commonwealth Act in relation to the act.
2 Paragraph (c) is of no effect in relation to
acts attributable to the State unless the State has made provision as
mentioned in section 23I of the Commonwealth Act in relation to the act.