NATIVE TITLE (SOUTH AUSTRALIA) ACT 1994 - SECT 3
NATIVE TITLE (SOUTH AUSTRALIA) ACT 1994 - SECT 3
3—Interpretation of Acts and statutory instruments
(1) In this Act and in
every other Act or statutory instrument, unless the contrary intention
appears—
"Aboriginal group"—an Aboriginal group consists of all the persons who
hold, or claim to hold, according to a particular body of traditional laws and
customs, native title in a particular area of land and, if there is only one
such person, that person constitutes the group;
"Aboriginal peoples" means peoples of the Aboriginal race of Australia;
"affect"—an act or activity affects native title if it extinguishes
native title or it is wholly or partly inconsistent with the continued
existence, enjoyment or exercise of rights deriving from native title 1 ;
"claimant application" means an application for a native title declaration
that native title exists in land made on behalf of an Aboriginal group
claiming to hold native title in the land;
"native title"—see section 4;
"native title declaration" means a declaration under this Act or a
determination under the Native Title Act 1993 (Cwth) that land is subject
to, or not subject to, native title;
"native title holder" (or any other expression referring to a person or
persons who hold native title in land) means—
(a) if a
body corporate is registered on a native title register as holding the
native title on trust—the Aboriginal group for whom the native title is
held on trust;
(b) in
any other case—the Aboriginal group recognised at common law as holding
the native title;
"native title land" means land in respect of which native title exists or
might exist but does not include—
(a) land
found or declared by the Supreme Court or the Environment, Resources and
Development Court not to be subject to native title; or
(b) land
found or declared by a competent authority under a law of the Commonwealth not
to be subject to native title;
"native title party" in relation to land means—
(a) an
Aboriginal group registered under this Act or the Native Title Act 1993
(Cwth) as the holder of native title in the land; or
(b) an
Aboriginal group registered under this Act or the Native Title Act 1993
(Cwth) as a claimant to native title in the land;
"native title question" means a question about—
(a) the
existence of native title in land; or
(b) the
nature of the rights conferred by native title in a particular instance; or
(c)
compensation payable for an act extinguishing or otherwise affecting
native title; or
(d)
acquisition of native title in land, or entry to and occupation, use or
exploitation of, native title land under powers conferred by an Act of the
Parliament; or
(e) any
other matter related to native title,
(but does not include a question arising in criminal proceedings);
"native title register" means the State Native Title Register kept under this
Act or the National Native Title Register or the Register of Native Title
Claims kept under the Native Title Act 1993 (Cwth);
"non-claimant application" means an application for a native title declaration
that is not a claimant application;
"registered"—an Aboriginal group is taken to be registered as holders
of, or claimants to, native title in land if identified or described in a
native title register as holders of, or claimants to, native title in the land
(as the case requires);
"registered native title rights" of a native title party means the party's
native title rights and interests (held or claimed to be held by the party) as
described in the relevant entry in a native title register;
"registered representative" of native title holders means—
(a) the
body corporate that is the registered native title body corporate in relation
to the native title under the law of the Commonwealth; or
(b) the
body corporate registered in the register of native title kept under the law
of the State as the registered representative of the native title holders; 2
"registered representative" of claimants to native title means—
(a) the
person registered under the Native Title Act 1993 (Cwth) in the Register
of Native Title Claims as the registered native title claimant; or
(b) the
person registered in the State Native Title Register as the
registered representative of the claimants;
"representative Aboriginal body" means—
(a) a
body determined under section 202(1) of the Native Title Act 1993
(Cwth) to be a representative body for the relevant area; or
(b) a
body recognised under section 203AD of the Native Title Act 1993
(Cwth) as the representative body for the relevant area.
(2) In this Act and in
every other Act or statutory instrument—
(a) a
reference to native title extends (unless the context otherwise indicates or
requires) to rights and interests comprised in, deriving from, or conferred by
native title;
(b) a
reference to rights or interests (or rights and interests) deriving from or
conferred by native title is a reference to rights or interests (or rights and
interests) comprised in, deriving from or conferred by native title.
(3) In this Act—
"Commonwealth Act" means the Native Title Act 1993 (Cwth);
"Commonwealth Registrar" means the Native Title Registrar appointed under Part
5 of the Native Title Act 1993 (Cwth);
"Commonwealth Minister" means the Minister of State for the Commonwealth
designated by regulation as the Commonwealth Minister for the purposes of this
Act;
"Court" means the Supreme Court or the ERD Court;
"ERD Court" means the Environment, Resources and Development Court;
"mining tenement" means a licence, lease or other authority under a
relevant Act authorising exploration for, or recovery or exploitation of,
minerals, petroleum or other underground resources;
"proceedings" does not include criminal proceedings;
"Registrar" means the Registrar of the ERD Court;
"relevant Act" means—
(a) the
Mining Act 1971 ; or
(b) the
Opal Mining Act 1995 ; or
(c) the
Petroleum Act 1940 ;
"right to exclusive possession of land" means a right to possession,
occupation, use and enjoyment of land to the exclusion of all others;
"State Minister" means the Minister designated by regulation as the
State Minister for the purposes of this Act.
(4) An explanatory
note to a provision of this Act forms part of the provision to which it
relates.
Editorial Notes—
1 Cf section 227 of the Commonwealth Act.