South Australian Consolidated Acts South Australian Consolidated Acts27A—Claims for compensation for acts extinguishing or otherwise
affecting native title
(1) This section
applies to claims for compensation for an act extinguishing or otherwise
affecting native title.
(2) If a claim is made
to the Court by a person other than the registered representative of the
native title holders, the statement of claim—
(a) must
have annexed to it a schedule setting out the information classified in the
regulations as mandatory information; and
(b) may
have annexed to it a further schedule setting out information classified in
the regulations as permissible additional information; and
(c) must
be accompanied by an affidavit sworn by the person bringing the claim (the
representative)—
(i)
stating that the representative believes that
native title exists or existed in relation to the area to which the claim
relates; and
(ii)
stating that the representative believes that all of the
statements made in the statement of claim are true; and
(iii)
stating that the representative is authorised by the
Aboriginal group to make the application and to deal with matters arising in
relation to it and stating the basis of the authorisation.
(3) In determining
compensation, the Court is to apply the same principles as would be applicable
if the compensation were determined under the Commonwealth Act.
(4) If the Court makes
an order for compensation, the order must set out—
(a) the
name of the person or persons entitled to the compensation or a method for
determining their identity; and
(b) if
the compensation is to be distributed between 2 or more persons—the
basis of the distribution; and
(c) a
method for determining disputes regarding entitlement to compensation.