South Australian Consolidated Acts South Australian Consolidated Acts30—Service where existence of native title, or identity of
native title holders uncertain
(1) A notice or other
document is validly served on all who hold or may hold native title in land as
follows:
(a) in
the case of a right to negotiate notice, if—
(i)
notice of the nature and effect of the notice or other
document is given as required by regulation; and
(ii)
a copy of the notice or other document is given
personally or by post or by some other agreed method to—
(A) all registered representatives of
claimants to or holders of native title in the land, as at the date notice was
last given as required under subparagraph (i); and
(B) the relevant
representative Aboriginal body; and
(C) the State Minister;
(b) in
any other case, if a copy of the notice or other document is given personally
or by post or by some other agreed method to—
(i)
all registered representatives of claimants to or holders
of native title in the land; and
(ii)
the relevant representative Aboriginal body.
(2) If—
(a) an
Act provides for the service of notices or other documents on persons with an
interest in land, but does not specifically prescribe a method of service on
native title holders; and
(b) the
land in question is native title land but there is no registered native title
in the relevant land,
the Act is taken to provide for service on native title holders in accordance
with this section (which applies to service on native title holders under the
Act to the exclusion of provisions of the Act about how service is to be
effected).
(3) Service of a
notice or other document is effected when all requirements of this section for
its service are completed.
(4) In this
section—
"right to negotiate notice" means—
(a) a
notice of the initiation of negotiations under Part 9B of the
Mining Act 1971 or Part 7 of the Opal Mining Act 1995 ;
(b) a
notice of intention to acquire land under the Land Acquisition Act 1969
in a case to which Part 4 Division 1 of that Act applies;
(c) any
other notice declared by regulation to be a right to negotiate notice.