South Australian Consolidated Acts South Australian Consolidated Acts23—Hearing and determination of application for native title declaration
(1) On the hearing of
an application for a native title declaration, the Court may allow an
interested person who desires to be heard on the application to introduce
evidence, and to make submissions, relevant to the subject matter of the
application.
(2) The following are
interested persons—
(a) the
registered representative of claimants to native title in the land; and
(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); and
(c) a
representative Aboriginal body; and
(d) the
State Minister; and
(e) the
Commonwealth Minister; and
(ea) the
council (within the meaning of the Local Government Act 1999 ) of the
area in which the land to which the proceedings relate is situated; and
(f) any
other person who, in the Court's opinion, may be in a position to contribute
to the proper resolution of the questions at issue.
(3) If, after hearing
the evidence and submissions, the Court is satisfied that native title exists
in the land or a particular part of the land, the Court must—
(a)
define the land in which the native title exists; and
(b)
define the Aboriginal group in which native title is vested so that it is
possible to determine whether a particular person is, or is not, a member of
the group; and
(c)
define the nature and extent of the rights and interests conferred by the
native title and, in particular, state whether the native title confers a
right to exclusive possession of the land; and
Explanatory note—
Such a right cannot be found to exist in respect of land covered by a
non-exclusive agricultural lease or a non-exclusive pastoral lease. Cf
section 225(e) of the Commonwealth Act.
(d)
state the nature and extent of other interests in the land; and
(e)
define the relationship between the native title and other interests in the
land.
(4) A declaration that
native title exists in land is to be regarded as a comprehensive declaration
of all native title in the land and hence excludes the possible existence of
other native title in the same land.
(5) A
native title declaration is, subject to any qualification stated in the
declaration, conclusive except in proceedings by way of appeal from the
declaration or for variation or revocation of the declaration. 1
(6) After hearing the
evidence and submissions, the Court may, if satisfied that native title does
not exist in the land, or a particular part of the land, to which the
application relates, make a declaration to that effect.
Note—
1 See section 25.