South Australian Consolidated Acts South Australian Consolidated Acts (1) The expression
"native title" means the communal, group or individual rights and interests of
Aboriginal peoples in relation to land or waters where—
(a) the
rights and interests are possessed under the traditional laws acknowledged,
and the traditional customs observed, by the Aboriginal peoples; and
(b) the
Aboriginal peoples, by those laws and customs, have a connection with the land
or waters; and
(c) the
rights and interests are recognised by the common law; and
(d) the
rights and interests have not been extinguished or have revived. 1
(2) Without limiting
subsection (1), "rights and interests in that subsection includes
hunting, gathering, or fishing, rights and interests.
(3) Subject to
subsections (3a) and (4), if native title rights and interests as defined
by subsection (1) are, or have been at any time in the past, compulsorily
converted into, or replaced by, statutory rights and interests in relation to
the same land or waters that are held by or on behalf of Aboriginal peoples,
those statutory rights and interests are also covered by
the expression "native title".
(3a)
Subsection (3) does not apply to rights and interests conferred by Part 2
Division 3 Subdivision Q of the Commonwealth Act (which deals with statutory
access rights for native title claimants).
(4) To avoid doubt,
subsection (3) does not apply to rights and interests created by a
reservation or condition (and which are not native title):
(a) in a
pastoral lease granted before 1 January 1994; or
(b) in
legislation made before 1 July 1993, where the reservation or condition
applies because of the grant of a pastoral lease before 1 January 1994.
Explanatory note—
1 If sections 47, 47A and 47B of the
Commonwealth Act are valid enactments of the Commonwealth Parliament, it is
possible that native title may revive in certain circumstances under those
sections.