{"id":"F2001B00212","name":"Determination under section 251 of the Native Title Act 1993","slug":"determination-under-section-251-of-the-native-title-act-1993","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30952,"registerId":"commonwealth-F2001B00212-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Determination under section 251 of the Native Title Act 1993","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 20.2\ntitle: COMMONWEALTH OF AUSTRALIA\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\nCOMMONWEALTH OF AUSTRALIA\n\n \n\n \n\nDETERMINATION UNDER SECTION 251\n\nOF THE NATIVE TITLE ACT 1993\n\n \n\n \n\nI, GARY THOMAS JOHNS, Special Minister of State, acting under subsection 251(1) of the Native Title Act 1993:\n\n \n\n(a) having received nominations in accordance with subsection 251(1) of that Act in relation to the following bodies; and\n\n \n\n(b) being satisfied as to the matters described in subsection 251(2) of that Act;\n\n \n\ndetermine that each of the following bodies is a \"recognised State/Territory body\":\n\n \n\n(c) Environment, Resources and Development Court of South Australia;\n\n \n\n(d) Supreme Court of South Australia.\n\n \n\n \n\n \n\n \n\n \n\nGARY THOMAS JOHNS\n\nSpecial Minister of State\n\n18 October 1995\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument performs a single, specific function: it designates two South Australian courts as a “recognised State/Territory body” under subsection 251(1) after the Minister was satisfied as to the matters in subsection 251(2). The text gives no indication that the instrument expands or contracts that function beyond what it expressly does; therefore there is no evident change of scope from the instrument’s apparent original intent as recorded in the document."},"complexity_factors":["Short, one-purpose instrument (designation of bodies) with limited text.","Relies on legal references to subsection 251(1) and subsection 251(2) of the Native Title Act 1993 without reproducing their content.","Administrative discretion recorded (Minister’s satisfaction) but no factual or evidentiary detail provided.","No operational provisions, duties, or financial measures in the instrument itself—practical effects require cross-reference to the Act.","Clear list of named entities reduces ambiguity about the instrument’s immediate scope."],"plain_english_summary":"This ministerial determination records that the Special Minister of State, acting under subsection 251(1) of the Native Title Act 1993, declared the Environment, Resources and Development Court of South Australia and the Supreme Court of South Australia to be “recognised State/Territory bodies.” It is a formal designation only—the instrument records the Minister’s satisfaction of subsection 251(2) prerequisites and does not itself impose duties, costs, or procedural changes; legal consequences depend on the Native Title Act."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a straightforward administrative determination made under a specific provision of the Native Title Act. It performs exactly the function intended by section 251: recognising specific state/territory bodies for native title purposes. There is no indication of scope creep or expansion beyond the original statutory purpose."},"complexity_factors":["Single section reference (section 251)","No defined terms within the instrument itself","Straightforward declarative format: minister states they are satisfied of statutory criteria and lists two bodies","No conditional logic, exceptions, or cross-references to other legislation beyond the parent Act","Total length: approximately 150 words","Simple binary determination: two courts either are or are not recognised"],"plain_english_summary":"This is a short official decision made by a government minister in 1995 under the Native Title Act 1993. \n\n**What it does:**\nThe minister officially recognises two South Australian courts as \"recognised State/Territory bodies\" under the Native Title Act. These are:\n- The **Environment, Resources and Development Court of South Australia**\n- The **Supreme Court of South Australia**\n\n**What this means:**\nUnder the Native Title Act, certain state and territory bodies can be given special status to handle native title matters. Being a \"recognised\" body means these courts have specific powers or roles in dealing with disputes or issues related to native title (the legal recognition of Indigenous Australians' traditional rights to land and waters).\n\n**Who it affects:**\nPrimarily people involved in native title claims or disputes in South Australia, including Indigenous traditional owners, miners, developers, and state government agencies. It also affects how these two courts operate when native title issues come before them.\n\n**Why it matters:**\nThis determination ensures that South Australia has appropriate judicial bodies authorised to deal with native title matters under the federal Native Title Act, creating a pathway for resolving land rights disputes through these specific courts."}},"importantCases":[],"_links":{"self":"/api/acts/determination-under-section-251-of-the-native-title-act-1993","history":"/api/acts/determination-under-section-251-of-the-native-title-act-1993/history","analysis":"/api/acts/determination-under-section-251-of-the-native-title-act-1993/analysis","conflicts":"/api/acts/determination-under-section-251-of-the-native-title-act-1993/conflicts","importantCases":"/api/acts/determination-under-section-251-of-the-native-title-act-1993/important-cases","documents":"/api/acts/determination-under-section-251-of-the-native-title-act-1993/documents"}}