South Australian Consolidated Acts South Australian Consolidated Acts18A—Form and content of applications
(1) An application for
a native title declaration must (whether the application is a
claimant application or a non-claimant application)—
(a) be
lodged with the Registrar in writing; and
(b)
state the nature of the declaration sought by the applicant; and
(c)
define the land to which the application relates with sufficient particularity
to enable the boundaries of the area covered by the application and any areas
within those boundaries that are not covered by the application to be readily
identified; and
(d)
include a map showing the boundaries of the area covered by the application.
(2) A
claimant application must—
(a) name
the persons comprising the Aboriginal group claiming native title or otherwise
define the Aboriginal group sufficiently clearly so that it can be ascertained
whether any particular person is a member of the group; and
(b)
state the nature of the rights conferred by the native title claimed and the
nature of activities that may be carried out pursuant to those rights; and
(c)
state the factual basis on which native title is asserted and, in particular,
the factual basis on which it is asserted that—
(i)
the Aboriginal group has, and its predecessors had, an
association with the area; and
(ii)
there exist traditional laws acknowledged by, and
traditional customs observed by, the Aboriginal group that give rise to the
native title; and
(iii)
the Aboriginal group has continued to hold the
native title in accordance with those traditional laws and customs; and
(The statement may include details of circumstances in which access to the
area by a member or a parent of a member of the Aboriginal group has been
prevented.)
(d) give
details of any activities currently carried on in relation to the land by the
Aboriginal group; and
(e) give
details and results of all searches carried out to determine the existence of
any non-native title rights and interests in relation to the land; and
(f) give
details of notices, of which the applicant is aware, about matters that may be
the subject of negotiation with the applicant if the claim is registered; and
Examples—
• A notice under
section 29 of the Commonwealth Act.
• A notice of
the initiation of negotiations under Part 9B of the Mining Act 1971 or
Part 7 of the Opal Mining Act 1995 .
• A notice of
the intention to acquire land under the Land Acquisition Act 1969 in a
case to which Part 4 Division 1 of that Act applies.
(g) give
details of any other application, of which the applicant is aware, for a
judicial determination of native title in the land or a determination of
compensation in relation to native title in the land; and
(h)
state the name and address for service of the applicant; and
(i)
contain the information, and be accompanied by the
documents, required by regulation; and
(j)
state the factual basis on which it is asserted that the applicant is a member
of the Aboriginal group authorised as required under section 18(2)(a);
and
(k) be
accompanied by a statutory declaration verifying—
(i)
the information contained in the application; and
(ii)
that the applicant 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; and
(iii)
that the applicant believes that the native title claimed
has not been extinguished and that none of the area covered by the application
is the subject of a native title declaration.
(3) A
claimant application may be accompanied by a certificate of the
representative Aboriginal body for the area covered by the application (or, if
the body is not the representative body for the whole of the area,
certificates of representative Aboriginal bodies that together are
representative bodies for the whole of the area) certifying that the applicant
is a member of the Aboriginal group and is authorised by the group to make the
application and to deal with matters arising in relation to the application on
behalf of the group.
(4) A
non-claimant application must—
(a)
state the grounds on which the declaration is sought; and
(b)
contain all information known to the applicant about the title to, and tenure
of, the land and the history of the title to, and tenure of the land,
including information about present and former association by
Aboriginal peoples with the land; and
(c)
state the name and address for service of the applicant; and
(d)
contain the information, and be accompanied by the documents, required by
regulation; and
(e) be
accompanied by a statutory declaration verifying the information contained in
the application.