South Australian Consolidated Acts

NATIVE TITLE (SOUTH AUSTRALIA) ACT 1994 - SECT 36F

36F—Effect of previous exclusive possession acts attributable to the State (other than public works)

        (1)         A previous exclusive possession act (apart from an excepted act) attributable to the State extinguishes native title in relation to the land or waters covered by the freehold estate, Scheduled interest or lease concerned. ¹

        (2)         The extinguishment is taken to have happened when the act was done. ²

        (3)         However, no implication is to be drawn from this section that Parliament intends to alter the effect of an excepted act if its effect, apart from this section, was to extinguish native title.

        (4)         In this section—

"excepted act" means—

            (a)         a previous exclusive possession act consisting of the construction or establishment of a public work; or

            (b)         a previous exclusive possession act consisting of the grant or vesting of an interest under a lease that was acquired by the Indigenous Land Corporation before the date of assent to the Native Title (South Australia) (Validation and Confirmation) Amendment Act 2000 ; or

            (c)         a previous exclusive possession act that was subject to a reservation or condition expressly for the benefit of Aboriginal people; or

            (d)         a previous exclusive possession act consisting of the grant or vesting of a Scheduled interest if—

                  (i)         the interest had ceased to exist by 23 December 1996; or

                  (ii)         the interest arose under a miscellaneous lease granted solely or primarily for any of the following:

        •         grazing and cultivation;

        •         grazing, cultivation and nursery;

        •         land based aquaculture and grazing;

        •         vegetable and fodder growing and grazing;

        •         fellmongering establishment; or

                  (iii)         the interest arose under a lease granted under section 35 of the National Parks and Wildlife Act 1972 solely or primarily for any of the following—

        •         garden;

        •         grazing and cropping.

Notes—

1         See sections 23E and 23C(1)(a) NTA. A "previous exclusive possession act" is defined in section 23B NTA. The term covers certain grants of freehold estates or leases on or before 23 December 1996 and public works if construction or establishment commenced on or before 23 December 1996. An act "attributable" to the State is defined in section 239 NTA and, for certain purposes, section 23JA NTA. Various types of "leases" are defined in sections 242 to 249B NTA. "Scheduled interest" is defined in section 249C NTA. "Public work" is defined in section 253 NTA.

2         See section 23C(1)(b) NTA.