NATIVE TITLE (SOUTH AUSTRALIA) ACT 1994 - SECT 19A
NATIVE TITLE (SOUTH AUSTRALIA) ACT 1994 - SECT 19A
(1) The Registrar must
register the claim if, and only if, the Registrar is satisfied—
(a) if
the application is not accompanied by a certificate as referred to in
section 18A(3)—the applicant is authorised to make the application
by the relevant Aboriginal group; and
(b) the
application is made in accordance with Division 2; and
(c) the
factual basis on which it is asserted that native title exists is sufficient
to support the assertion (including the particular assertions referred to in
section 18A(2)(c)); and
(d) at
least some of the rights conferred by the native title claimed can, prima
facie , be established; and
(e)
either—
(i)
at least one member of the Aboriginal group currently
has, or previously had, a traditional physical connection with part of the
land covered by the application; or
(ii)
at least one parent of one member of the Aboriginal group
had a traditional physical connection with part of the land and would
(according to reasonable expectation) have maintained that connection but for
things done (other than the creation of an interest in relation to land) by
the Crown, or a statutory authority of the Crown, in any capacity or the
holder of a lease over any of the land, or any person acting on behalf of such
a holder; and
(f) at
the time of the application there were no entries (made or not removed as a
result of consideration under this Act or the Commonwealth Act on or after 30
September 1998) in the State Native Title Register or the Register of
Native Title Claims (kept under the Commonwealth Act) relating to a claim by
the Aboriginal group, or by another Aboriginal group that includes one or more
of the members of the Aboriginal group, to native title in land covered by the
application.
(2) The Registrar must
not register a claim if the application or accompanying documents disclose, or
the Registrar is otherwise aware, that—
(a) if
the rights conferred by the native title claimed consist of or include
ownership of minerals, petroleum or gas—the Crown in right of the
Commonwealth, a State or a Territory wholly owns the minerals, petroleum or
gas; or
(b) if
the native title claimed is in waters in an offshore place—the rights
claimed to be conferred by the native title purportedly exclude all other
rights and interests in relation to the whole or part of the offshore place;
or
(c) the
native title claimed has been extinguished (except to the extent that the
extinguishment is required to be disregarded under section 47(2), 47A(2)
or 47B(2) of the Commonwealth Act).
(3) In considering a
claim, the Registrar—
(a) must
have regard to information contained in the application and in any other
documents provided by the applicant and, to the extent that it is reasonably
practicable to do so in the circumstances, to relevant information provided by
the State or the Commonwealth; but
(b) is
not limited to that information and may (but need not) obtain and have regard
to other information.
(4) If a
claimant application containing a claim that has been registered is amended,
the Registrar must reconsider the registration of the claim.
(5) On reconsideration
of the registration of a claim, the Registrar must—
(a) if
satisfied that the claim, assuming it had been made in its amended form, would
not have been registered—deregister the claim; or
(b) if
satisfied that the information recorded in the register in relation to the
claim would, assuming it had been made in its amended form, have differed from
the information actually recorded in some way—vary the register to
reflect the amendment.
(6) If—
(a) the
Registrar is aware that a notice has been issued about matters that may be the
subject of negotiation with an applicant; and
(b) the
applicant's right to participate in the negotiations is dependent on the claim
being registered within a particular period after the date of service of the
notice,
the Registrar must use his or her best endeavours to finish considering the
claim as soon as practicable and, if possible, before the end of that period.
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.
(7) The Registrar must
give the applicant and the Court to which the application is made notice of
his or her decision on the application and, if the Registrar makes a decision
adverse to the interests of the applicant, a statement of the reasons for his
or her decision.
(8) On registering a
claim, the Registrar must register the applicant for registration as the
registered representative of the claimants.
(9) In this
section—
"offshore place" has the same meaning as in the Commonwealth Act.