South Australian Consolidated Acts

NATIVE TITLE (SOUTH AUSTRALIA) ACT 1994 - SECT 5

5—Jurisdiction of Supreme Court and ERD Court

        (1)         The Supreme Court and the ERD Court each have jurisdiction to determine native title questions. ¹

        (2)         However, if it is clear before proceedings are commenced that they involve a native title question, the proceedings should be commenced in the ERD Court.

        (3)         If proceedings are commenced in the ERD Court because of subsection (2), the Court has jurisdiction to decide not only the native title questions but also the other questions raised in the proceedings.

        (4)         The same procedural and other rules apply to both the Supreme Court and the ERD Court in exercising the jurisdiction to determine native title questions.

Explanatory note—

For example, the same rules about costs would be applied by both Courts. ²

Notes—

1         The jurisdiction includes power to make a native title declaration ie a declaration that particular land is subject to or not subject to native title.

2         See section 29 of the Environment, Resources and Development Court Act 1993 .