{"id":"native-title-south-australia-act-1994","name":"Native Title (South Australia) Act 1994","slug":"native-title-south-australia-act-1994","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106071,"registerId":"sa-native-title-south-australia-act-1994-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Native Title (South Australia) Act 1994","content":"South Australia\nNative Title (South Australia) Act 1994\nAn Act relating to native title.\n\nContents\nPart 1—Preliminary\n1\tShort title\nPart 2—Basic concepts\n3\tInterpretation of Acts and statutory instruments\n4\tNative title\n4A\tRegistered representative\nPart 3—Native title questions\nDivision 1—Jurisdiction\n5\tJurisdiction of Supreme Court and ERD Court\n6\tReference of proceedings between courts\nDivision 2—Native title commissioners\n7\tNative title commissioners\nDivision 3—Conferences\n8\tConferences\n9\tMediator\n10\tConclusion of conference\n11\tEvidence\n12\tDisqualification\nDivision 4—Hearings\n13\tPrinciples governing proceedings\n14\tCourt to take into account matters of concern to Aboriginal people\nDivision 5—Notification\n15\tRegistrar to be informed in relation to native title questions\n16\tRegistrar to give notice in relation to native title questions\nDivision 6—Miscellaneous\n16A\tJoinder of parties\n16B\tCosts\nPart 4—Claims and determinations of native title\nDivision 1—State Native Title Register\n17\tRegister\nDivision 2—Application for native title declarations\n18\tApplications\n18A\tForm and content of applications\nDivision 2A—Registration of claims\n19\tRegistrar to determine whether claim is to be registered\n19A\tRegistration of claims\n19B\tReview of decision in relation to registration of claim\nDivision 3—Native title declarations\n20\tCourt to hear application for native title declaration\n23\tHearing and determination of application for native title declaration\n24\tRegistration of representative\n24A\tNative title declaration in proceedings for compensation\n25\tRevision of declaration\nDivision 4—Miscellaneous\n26\tMerger of proceedings\n26A\tConcurrent proceedings\n26B\tCross-vesting scheme\n27\tProtection of native title from encumbrance and execution\nPart 4A—Compensation for acts extinguishing or otherwise affecting native title\n27A\tClaims for compensation for acts extinguishing or otherwise affecting native title\nPart 5—Service on native title holders\n28\tService on native title holder where title registered\n29\tService on native title claimants\n30\tService where existence of native title, or identity of native title holders uncertain\nPart 6—Validation and effect of certain acts\nDivision 1—Preliminary\n31\tInterpretation\nDivision 2—Validation\n32\tValidation of past acts attributable to the State\n32A\tValidation of intermediate period acts attributable to the State\n32B\tValidation by agreement of future acts attributable to State\nDivision 3—Past acts\n32C\tApplication of Division 3\n33\tEffect of validation—category A past acts that are not public works\n34\tEffect of validation—category A past acts that are public works\n35\tEffect of validation—inconsistent category B past acts\n36\tEffect of validation—category C and D past acts\nDivision 4—Intermediate period acts\n36A\tApplication of Division 4\n36B\tEffect of validation—category A intermediate period acts that are not public works\n36C\tEffect of validation—category A intermediate period acts that are public works\n36D\tEffect of validation—inconsistent category B intermediate period acts\n36E\tEffect of validation—category C and D intermediate period acts\nDivision 5—Previous exclusive and non-exclusive possession acts\n36F\tEffect of previous exclusive possession acts attributable to the State (other than public works)\n36G\tEffect of previous exclusive possession acts that are public works attributable to the State\n36H\tConfirmation of validity of use of certain land held by Crown etc\n36I\tEffect of previous non-exclusive possession acts attributable to the State\n36J\tNotification of certain non-exclusive agricultural or pastoral leases\nDivision 6—Miscellaneous\n37\tExtinguishment does not confer right to eject or remove Aboriginal peoples\n38\tPreservation of beneficial reservations and conditions\nPart 7—Confirmation of Crown and other rights\n39\tConfirmation\nPart 8—Miscellaneous\n39A\tContent of orders for compensation to Aboriginal group\n40\tRegulations\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Native Title (South Australia) Act 1994.\nPart 2—Basic concepts\n3—Interpretation of Acts and statutory instruments\n\t(1)\tIn this Act and in every other Act or statutory instrument, unless the contrary intention appears—\nAboriginal group—an Aboriginal group consists of all the persons who hold, or claim to hold, according to a particular body of traditional laws and customs, native title in a particular area of land and, if there is only one such person, that person constitutes the group;\nAboriginal peoples means peoples of the Aboriginal race of Australia;\naffect—an act or activity affects native title if it extinguishes native title or it is wholly or partly inconsistent with the continued existence, enjoyment or exercise of rights deriving from native title1;\nclaimant application means an application for a native title declaration that native title exists in land made on behalf of an Aboriginal group claiming to hold native title in the land;\nnative title—see section 4;\nnative title declaration means a declaration under this Act or a determination under the Native Title Act 1993 (Cwth) that land is subject to, or not subject to, native title;\nnative title holder (or any other expression referring to a person or persons who hold native title in land) means—\n\t(a)\tif a body corporate is registered on a native title register as holding the native title on trust—the Aboriginal group for whom the native title is held on trust;\n\t(b)\tin any other case—the Aboriginal group recognised at common law as holding the native title;\nnative title land means land in respect of which native title exists or might exist but does not include—\n\t(a)\tland found or declared by the Supreme Court or the Environment, Resources and Development Court not to be subject to native title; or\n\t(b)\tland found or declared by a competent authority under a law of the Commonwealth not to be subject to native title;\nnative title party in relation to land means—\n\t(a)\tan Aboriginal group registered under this Act or the Native Title Act 1993 (Cwth) as the holder of native title in the land; or\n\t(b)\tan Aboriginal group registered under this Act or the Native Title Act 1993 (Cwth) as a claimant to native title in the land;\nnative title question means a question about—\n\t(a)\tthe existence of native title in land; or\n\t(b)\tthe nature of the rights conferred by native title in a particular instance; or\n\t(c)\tcompensation payable for an act extinguishing or otherwise affecting native title; or\n\t(d)\tacquisition of native title in land, or entry to and occupation, use or exploitation of, native title land under powers conferred by an Act of the Parliament; or\n\t(e)\tany other matter related to native title,\n(but does not include a question arising in criminal proceedings);\nnative title register means the State Native Title Register kept under this Act or the National Native Title Register or the Register of Native Title Claims kept under the Native Title Act 1993 (Cwth);\nnon-claimant application means an application for a native title declaration that is not a claimant application;\nregistered—an Aboriginal group is taken to be registered as holders of, or claimants to, native title in land if identified or described in a native title register as holders of, or claimants to, native title in the land (as the case requires);\nregistered native title rights of a native title party means the party's native title rights and interests (held or claimed to be held by the party) as described in the relevant entry in a native title register;\nregistered representative of native title holders means—\n\t(a)\tthe body corporate that is the registered native title body corporate in relation to the native title under the law of the Commonwealth; or\n\t(b)\tthe body corporate registered in the register of native title kept under the law of the State as the registered representative of the native title holders;2\nregistered representative of claimants to native title means—\n\t(a)\tthe person registered under the Native Title Act 1993 (Cwth) in the Register of Native Title Claims as the registered native title claimant; or\n\t(b)\tthe person registered in the State Native Title Register as the registered representative of the claimants;\nrepresentative Aboriginal body means—\n\t(a)\ta body determined under section 202(1) of the Native Title Act 1993 (Cwth) to be a representative body for the relevant area; or\n\t(b)\ta body recognised under section 203AD of the Native Title Act 1993 (Cwth) as the representative body for the relevant area.\n\t(2)\tIn this Act and in every other Act or statutory instrument—\n\t(a)\ta reference to native title extends (unless the context otherwise indicates or requires) to rights and interests comprised in, deriving from, or conferred by native title;\n\t(b)\ta reference to rights or interests (or rights and interests) deriving from or conferred by native title is a reference to rights or interests (or rights and interests) comprised in, deriving from or conferred by native title.\n\t(3)\tIn this Act—\nCommonwealth Act means the Native Title Act 1993 (Cwth);\nCommonwealth Registrar means the Native Title Registrar appointed under Part 5 of the Native Title Act 1993 (Cwth);\nCommonwealth Minister means the Minister of State for the Commonwealth designated by regulation as the Commonwealth Minister for the purposes of this Act;\nCourt means the Supreme Court or the ERD Court;\nERD Court means the Environment, Resources and Development Court;\nmining tenement means a licence, lease or other authority under a relevant Act authorising exploration for, or recovery or exploitation of, minerals, petroleum or other underground resources;\nproceedings does not include criminal proceedings;\nRegistrar means the Registrar of the ERD Court;\nrelevant Act means—\n\t(a)\tthe Mining Act 1971; or\n\t(b)\tthe Opal Mining Act 1995; or\n\t(c)\tthe Petroleum Act 1940;\nright to exclusive possession of land means a right to possession, occupation, use and enjoyment of land to the exclusion of all others;\nState Minister means the Minister designated by regulation as the State Minister for the purposes of this Act.\n\t(4)\tAn explanatory note to a provision of this Act forms part of the provision to which it relates.\nEditorial Notes—\n1\tCf section 227 of the Commonwealth Act.\n2\tSee Part 4.\n4—Native title\n\t(1)\tThe expression native title means the communal, group or individual rights and interests of Aboriginal peoples in relation to land or waters where—\n\t(a)\tthe rights and interests are possessed under the traditional laws acknowledged, and the traditional customs observed, by the Aboriginal peoples; and\n\t(b)\tthe Aboriginal peoples, by those laws and customs, have a connection with the land or waters; and\n\t(c)\tthe rights and interests are recognised by the common law; and\n\t(d)\tthe rights and interests have not been extinguished or have revived.1\n\t(2)\tWithout limiting subsection (1), rights and interests in that subsection includes hunting, gathering, or fishing, rights and interests.\n\t(3)\tSubject 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.\n\t(3a)\tSubsection (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).\n\t(4)\tTo avoid doubt, subsection (3) does not apply to rights and interests created by a reservation or condition (and which are not native title):\n\t(a)\tin a pastoral lease granted before 1 January 1994; or\n\t(b)\tin legislation made before 1 July 1993, where the reservation or condition applies because of the grant of a pastoral lease before 1 January 1994.\nExplanatory note—\n1\tIf 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.\n4A—Registered representative\n\t(1)\tA registered representative of native title holders or native title claimants represents the Aboriginal group that holds or claims to hold native title in the land so that (for example)—\n\t(a)\ta notice is given to the Aboriginal group by giving it to the registered representative; and\n\t(b)\ta person negotiates with the Aboriginal group by negotiating with the registered representative; and\n\t(c)\tan agreement lawfully negotiated by the registered representative with respect to the land in which the native title is claimed or held is binding on the Aboriginal group.\n\t(2)\tThe above examples are not intended to be an exhaustive statement of the ways in which a registered representative might act on behalf of the Aboriginal group nor are they intended to suggest that the group may only act through the registered representative.\nPart 3—Native title questions\nDivision 1—Jurisdiction\n5—Jurisdiction of Supreme Court and ERD Court\n\t(1)\tThe Supreme Court and the ERD Court each have jurisdiction to determine native title questions.1\n\t(2)\tHowever, if it is clear before proceedings are commenced that they involve a native title question, the proceedings should be commenced in the ERD Court.\n\t(3)\tIf 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.\n\t(4)\tThe same procedural and other rules apply to both the Supreme Court and the ERD Court in exercising the jurisdiction to determine native title questions.\nExplanatory note—\nFor example, the same rules about costs would be applied by both Courts.2\nEditorial Notes—\n1\tThe jurisdiction includes power to make a native title declaration ie a declaration that particular land is subject to or not subject to native title.\n2\tSee section 29 of the Environment, Resources and Development Court Act 1993.\n6—Reference of proceedings between courts\n\t(1)\tThe Supreme Court may, and other courts of the State must, refer proceedings involving a native title question to the ERD Court for hearing and determination.\n\t(2)\tIf proceedings are referred under this section to the ERD Court for hearing and determination, the ERD Court has jurisdiction to hear and determine the native title question and the other questions involved in the proceedings that might, if it were not for the reference, have been determined by the court from which the proceedings were referred.\n\t(3)\tThe ERD Court may, on application by a party or on its own initiative, refer proceedings involving a native title question to the Supreme Court for hearing and determination.\n\t(4)\tThe Supreme Court may, on the application by a party or on its own initiative, remove proceedings involving a native title question from the ERD Court into the Supreme Court for hearing and determination.\n\t(5)\tIn deciding whether proceedings involving a native title question should be heard by the Supreme Court or the ERD Court, the following matters must be taken into consideration:\n\t(a)\tthe importance of the questions involved in the proceedings; and\n\t(b)\tthe complexity of the legal and factual questions involved in the proceedings.\nDivision 2—Native title commissioners\n7—Native title commissioners\nIn proceedings involving a native title question, the Court must make use of the expert assistance of native title commissioners appointed under the Environment, Resources and Development Court Act 1993.\nDivision 3—Conferences\n8—Conferences\n\t(1)\tBefore the Court proceeds to a formal hearing of contested proceedings involving a native title question, it must call a conference of the parties to the proceedings to explore the possibility of resolving the matters in dispute by agreement and without resorting to a formal hearing.\n\t(2)\tHowever, the Court may dispense with a conference if the Court is of the opinion that no useful purpose would be served by a conference between the parties before the hearing of the matter or there is some other adequate reason for dispensing with a conference.\n9—Mediator\n\t(1)\tA mediator selected by the Court from among the Judges of the Court and the native title commissioners in accordance with the rules of the Court will preside at the conference.\n\t(1a)\tA member of the Court may be appointed to assist a mediator in the conduct of the conference and a member so appointed is entitled to be present at the conference and to provide advice to the mediator.\n\t(2)\tThe mediator may adjourn or reconvene the conference from time to time.\n\t(3)\tThe mediator may allow a person to participate in the conference by—\n\t(a)\ttelephone; or\n\t(b)\tclosed-circuit television; or\n\t(c)\tother means of communication.\n\t(4)\tThe mediator may exercise powers of the Court delegated by the rules.\n10—Conclusion of conference\n\t(1)\tIf a settlement is reached at a conference, the Court may make orders to give effect to the terms of agreement.\n\t(2)\tIf it appears that there is no reasonable prospect of reaching a negotiated settlement within a reasonable time, the mediator must close the conference and report the failure to reach agreement to the Court.\n11—Evidence\nEvidence of anything said or done in a conference under this Division is inadmissible in proceedings before the Court unless all parties to the proceedings consent.\n12—Disqualification\nUnless all parties agree to the contrary, a member of the Court who has acted as mediator, or assisted a mediator, at a conference under this Division is disqualified from taking further part in the proceedings.\nDivision 4—Hearings\n13—Principles governing proceedings\n\t(1)\tOn the hearing of proceedings involving a native title question—\n\t(a)\tthe Court will proceed with the minimum of formality; and\n\t(c)\tthe Court must act according to equity, good conscience and the substantial merits of the case and without regard to legal technicalities and forms.\n\t(2)\tThe Court is not bound by the rules of evidence and may inform itself as it thinks fit.\n\t(3)\tHowever, in informing itself about a native title question, the Court must, if there is an established evidentiary practice in the Federal Court for dealing with similar questions, follow the practice of the Federal Court.\n14—Court to take into account matters of concern to Aboriginal people\n\t(1)\tThe Court must, in conducting proceedings involving a native title question, take account of the cultural and customary concerns of Aboriginal peoples.\n\t(2)\tHowever, the Court is not required to inquire into matters of which there is no evidence before the Court.\nDivision 5—Notification\n15—Registrar to be informed in relation to native title questions\nThe Court must ensure that the Registrar is informed of—\n\t(a)\tapplications, and amendments of applications, involving native title questions; and\n\t(b)\tproceedings in the Court involving native title questions; and\n\t(c)\tdecisions of the Court on native title questions.\n16—Registrar to give notice in relation to native title questions\n\t(1)\tThe Registrar must give notice of—\n\t(a)\tapplications, and amendments of applications, involving native title questions; and\n\t(b)\tproceedings in the Court involving native title questions; and\n\t(c)\tdecisions of the Court on native title questions,\nin accordance with the regulations.\n\t(2)\tThe regulations may include provisions for any one or more of the following purposes:\n\t(a)\tfixing the time for giving a notice;\n\t(b)\trequiring in specified cases notice of an application for a native title declaration to be given both before and after the Registrar has determined whether the claim should be registered;\n\t(c)\tregulating the contents of a notice and requiring, in specified cases, that a notice be accompanied by specified documents;\n\t(d)\tregulating the way in which the notice is to be given and requiring, in particular, the giving of public notice in specified cases.\nDivision 6—Miscellaneous\n16A—Joinder of parties\n\t(1)\tThe Court may, at any time, order that a person who appears to have a proper interest in proceedings involving a native title question be joined as a party to the proceedings.\n\t(2)\tAn order may be made under this section even though the person to be joined as a party was given notice of the proceedings and failed to apply to be joined as a party within the period allowed in the notice.\n16B—Costs\n\t(1)\tUnless the Court otherwise orders, each party to proceedings is to bear its own costs of the proceedings to the extent the proceedings involve a native title question.\n\t(2)\tFor example, if a party has, by an unreasonable act or omission, caused another party to incur costs in connection with the proceedings, the Court may (in the exercise of its power to make an exception to the general principle that each party is to bear its own costs) order the party at fault to pay some or all the costs incurred by the other.\nPart 4—Claims and determinations of native title\nDivision 1—State Native Title Register\n17—Register\n\t(1)\tThe Registrar must keep a register1 of native title and claims to native title in land in the State.\n\t(2)\tThe Registrar must record in the register—\n\t(a)\tall decisions by the courts of the State on questions about the existence of native title in land or the nature of the rights conferred by native title; and\n\t(b)\tall decisions by competent authorities under the law of the Commonwealth about the existence of native title in land in the State or the nature of rights conferred over land in the State by native title; and\n\t(c)\tall claims to native title in land registered under this Part and, in each case, a description of the rights claimed to be conferred by the native title and which the Registrar in registering the claim considered could, prima facie, be established; and\n\t(d)\tthe name and address for service of the registered representative of the claimants; and\n\t(da)\tthe name and address for service of the registered representative of native title holders; and\n\t(e)\tthe information required by regulation.\n\t(3)\tThe register must be available for inspection during normal business hours on payment of the fee fixed by the regulations.\n\t(4)\tHowever—\n\t(a)\ta part of the register must be set aside for the inclusion of information and materials of a nature that cannot be publicly disclosed without contravening Aboriginal tradition; and\n\t(c)\tthe Court or the Registrar may direct that specified information or materials be included in that part of the register; and\n\t(d)\tthat part of the register may only be inspected as authorised by the Court or the Registrar.\n\t(5)\tThe Registrar must ensure that the entries in the register properly reflect the status of the claims, and decisions by the Registrar or the Court affecting claims, by making, as soon as practicable, any additions, amendments and deletions necessary for that purpose.\nEditorial Note—\n1\tThe register may be referred to as the State Native Title Register.\nDivision 2—Application for native title declarations\n18—Applications\n\t(1)\tAn application for a native title declaration in respect of land may be made to the Court by an interested person.\n\t(2)\tThe following are interested persons:\n\t(a)\ta member of an Aboriginal group claiming native title in the land who is authorised by the Aboriginal group to make the application and to deal with matters arising in relation to the application on behalf of the group;\n\t(b)\ta person whose interests would be affected by the existence of native title in the land (including a person who proposes to carry out mining operations on the land);\n\t(c)\tthe State Minister;\n\t(d)\tthe Commonwealth Minister.\n\t(3)\tHowever—\n\t(a)\tan application cannot be made in relation to land that is already the subject of a native title declaration;\n\t(b)\tif a previous exclusive possession act attributable to the State1 or the Commonwealth has been done in relation to the land, a claimant application cannot be made in relation to the land unless—\n\t(i)\tthe extinguishing effect of the act is to be disregarded under section 47, 47A or 47B of the Commonwealth Act; and\n\t(ii)\tthe application includes a statement to that effect;\n\t(c)\tif a previous non-exclusive possession act attributable to the State2 or the Commonwealth has been done in relation to the land, a claimant application for a native title declaration establishing a right to exclusive possession of the land cannot be made unless—\n\t(i)\tthe extinguishing effect of the act is to be disregarded under section 47, 47A or 47B of the Commonwealth Act; and\n\t(ii)\tthe application includes a statement to that effect.\n\t(4)\tIn this section—\nprevious exclusive possession act and previous non-exclusive possession act have the same meanings as in the Commonwealth Act.\nExplanatory notes—\n1\tParagraph (b) is of no effect in relation to acts attributable to the State unless the State has made provision as mentioned in section 23E of the Commonwealth Act in relation to the act.\n2\tParagraph (c) is of no effect in relation to acts attributable to the State unless the State has made provision as mentioned in section 23I of the Commonwealth Act in relation to the act.\n18A—Form and content of applications\n\t(1)\tAn application for a native title declaration must (whether the application is a claimant application or a non-claimant application)—\n\t(a)\tbe lodged with the Registrar in writing; and\n\t(b)\tstate the nature of the declaration sought by the applicant; and\n\t(c)\tdefine the land to which the application relates with sufficient particularity to enable the boundaries of the area covered by the application and any areas within those boundaries that are not covered by the application to be readily identified; and\n\t(d)\tinclude a map showing the boundaries of the area covered by the application.\n\t(2)\tA claimant application must—\n\t(a)\tname the persons comprising the Aboriginal group claiming native title or otherwise define the Aboriginal group sufficiently clearly so that it can be ascertained whether any particular person is a member of the group; and\n\t(b)\tstate the nature of the rights conferred by the native title claimed and the nature of activities that may be carried out pursuant to those rights; and\n\t(c)\tstate the factual basis on which native title is asserted and, in particular, the factual basis on which it is asserted that—\n\t(i)\tthe Aboriginal group has, and its predecessors had, an association with the area; and\n\t(ii)\tthere exist traditional laws acknowledged by, and traditional customs observed by, the Aboriginal group that give rise to the native title; and\n\t(iii)\tthe Aboriginal group has continued to hold the native title in accordance with those traditional laws and customs; and\n(The statement may include details of circumstances in which access to the area by a member or a parent of a member of the Aboriginal group has been prevented.)\n\t(d)\tgive details of any activities currently carried on in relation to the land by the Aboriginal group; and\n\t(e)\tgive details and results of all searches carried out to determine the existence of any non-native title rights and interests in relation to the land; and\n\t(f)\tgive details of notices, of which the applicant is aware, about matters that may be the subject of negotiation with the applicant if the claim is registered; and\nExamples—\n\t•\tA notice under section 29 of the Commonwealth Act.\n\t•\tA notice of the initiation of negotiations under Part 9B of the Mining Act 1971 or Part 7 of the Opal Mining Act 1995.\n\t•\tA notice of the intention to acquire land under the Land Acquisition Act 1969 in a case to which Part 4 Division 1 of that Act applies.\n\t(g)\tgive details of any other application, of which the applicant is aware, for a judicial determination of native title in the land or a determination of compensation in relation to native title in the land; and\n\t(h)\tstate the name and address for service of the applicant; and\n\t(i)\tcontain the information, and be accompanied by the documents, required by regulation; and\n\t(j)\tstate the factual basis on which it is asserted that the applicant is a member of the Aboriginal group authorised as required under section 18(2)(a); and\n\t(k)\tbe accompanied by a statutory declaration verifying—\n\t(i)\tthe information contained in the application; and\n\t(ii)\tthat the applicant is authorised by the Aboriginal group to make the application and to deal with matters arising in relation to the application on behalf of the group; and\n\t(iii)\tthat the applicant believes that the native title claimed has not been extinguished and that none of the area covered by the application is the subject of a native title declaration.\n\t(3)\tA claimant application may be accompanied by a certificate of the representative Aboriginal body for the area covered by the application (or, if the body is not the representative body for the whole of the area, certificates of representative Aboriginal bodies that together are representative bodies for the whole of the area) certifying that the applicant is a member of the Aboriginal group and is authorised by the group to make the application and to deal with matters arising in relation to the application on behalf of the group.\n\t(4)\tA non-claimant application must—\n\t(a)\tstate the grounds on which the declaration is sought; and\n\t(b)\tcontain all information known to the applicant about the title to, and tenure of, the land and the history of the title to, and tenure of the land, including information about present and former association by Aboriginal peoples with the land; and\n\t(c)\tstate the name and address for service of the applicant; and\n\t(d)\tcontain the information, and be accompanied by the documents, required by regulation; and\n\t(e)\tbe accompanied by a statutory declaration verifying the information contained in the application.\nDivision 2A—Registration of claims\n19—Registrar to determine whether claim is to be registered\nUnless the applicant who makes a claimant application indicates in the application that the Aboriginal group for which the native title declaration is sought does not seek registration of the claim made in the application, the Registrar must determine whether the claim should be registered.\n19A—Registration of claims\n\t(1)\tThe Registrar must register the claim if, and only if, the Registrar is satisfied—\n\t(a)\tif the application is not accompanied by a certificate as referred to in section 18A(3)—the applicant is authorised to make the application by the relevant Aboriginal group; and\n\t(b)\tthe application is made in accordance with Division 2; and\n\t(c)\tthe factual basis on which it is asserted that native title exists is sufficient to support the assertion (including the particular assertions referred to in section 18A(2)(c)); and\n\t(d)\tat least some of the rights conferred by the native title claimed can, prima facie, be established; and\n\t(e)\teither—\n\t(i)\tat least one member of the Aboriginal group currently has, or previously had, a traditional physical connection with part of the land covered by the application; or\n\t(ii)\tat least one parent of one member of the Aboriginal group had a traditional physical connection with part of the land and would (according to reasonable expectation) have maintained that connection but for things done (other than the creation of an interest in relation to land) by the Crown, or a statutory authority of the Crown, in any capacity or the holder of a lease over any of the land, or any person acting on behalf of such a holder; and\n\t(f)\tat the time of the application there were no entries (made or not removed as a result of consideration under this Act or the Commonwealth Act on or after 30 September 1998) in the State Native Title Register or the Register of Native Title Claims (kept under the Commonwealth Act) relating to a claim by the Aboriginal group, or by another Aboriginal group that includes one or more of the members of the Aboriginal group, to native title in land covered by the application.\n\t(2)\tThe Registrar must not register a claim if the application or accompanying documents disclose, or the Registrar is otherwise aware, that—\n\t(a)\tif the rights conferred by the native title claimed consist of or include ownership of minerals, petroleum or gas—the Crown in right of the Commonwealth, a State or a Territory wholly owns the minerals, petroleum or gas; or\n\t(b)\tif the native title claimed is in waters in an offshore place—the rights claimed to be conferred by the native title purportedly exclude all other rights and interests in relation to the whole or part of the offshore place; or\n\t(c)\tthe native title claimed has been extinguished (except to the extent that the extinguishment is required to be disregarded under section 47(2), 47A(2) or 47B(2) of the Commonwealth Act).\n\t(3)\tIn considering a claim, the Registrar—\n\t(a)\tmust have regard to information contained in the application and in any other documents provided by the applicant and, to the extent that it is reasonably practicable to do so in the circumstances, to relevant information provided by the State or the Commonwealth; but\n\t(b)\tis not limited to that information and may (but need not) obtain and have regard to other information.\n\t(4)\tIf a claimant application containing a claim that has been registered is amended, the Registrar must reconsider the registration of the claim.\n\t(5)\tOn reconsideration of the registration of a claim, the Registrar must—\n\t(a)\tif satisfied that the claim, assuming it had been made in its amended form, would not have been registered—deregister the claim; or\n\t(b)\tif satisfied that the information recorded in the register in relation to the claim would, assuming it had been made in its amended form, have differed from the information actually recorded in some way—vary the register to reflect the amendment.\n\t(6)\tIf—\n\t(a)\tthe Registrar is aware that a notice has been issued about matters that may be the subject of negotiation with an applicant; and\n\t(b)\tthe applicant's right to participate in the negotiations is dependent on the claim being registered within a particular period after the date of service of the notice,\nthe Registrar must use his or her best endeavours to finish considering the claim as soon as practicable and, if possible, before the end of that period.\nExamples—\n\t•\tA notice under section 29 of the Commonwealth Act.\n\t•\tA notice of the initiation of negotiations under Part 9B of the Mining Act 1971 or Part 7 of the Opal Mining Act 1995.\n\t•\tA notice of the intention to acquire land under the Land Acquisition Act 1969 in a case to which Part 4 Division 1 of that Act applies.\n\t(7)\tThe Registrar must give the applicant and the Court to which the application is made notice of his or her decision on the application and, if the Registrar makes a decision adverse to the interests of the applicant, a statement of the reasons for his or her decision.\n\t(8)\tOn registering a claim, the Registrar must register the applicant for registration as the registered representative of the claimants.\n\t(9)\tIn this section—\noffshore place has the same meaning as in the Commonwealth Act.\n19B—Review of decision in relation to registration of claim\n\t(1)\tA decision by the Registrar in relation to the registration (or de-registration) of a claim is reviewable by the Court on application by the applicant or the person registered (or formerly registered) as representative of the claimants.\n\t(2)\tOn a review, the Court—\n\t(a)\tmust examine the decision of the Registrar on the evidence or material before the Registrar but may, as it thinks fit, allow further evidence or material to be presented to it;\n\t(b)\tmay affirm the Registrar's decision or direct the Registrar to register, or re-register, the claim.\n\t(3)\tOn a review, the Court is to apply the same principles as are binding on the Registrar.\nDivision 3—Native title declarations\n20—Court to hear application for native title declaration\n\t(1)\tAn application for a native title declaration is to be heard by the ERD Court.\n\t(2)\tHowever, the ERD Court may, on its own initiative, and must, if directed to do so by the Supreme Court, refer an application for a native title declaration to the Supreme Court for hearing and determination.\n23—Hearing and determination of application for native title declaration\n\t(1)\tOn the hearing of an application for a native title declaration, the Court may allow an interested person who desires to be heard on the application to introduce evidence, and to make submissions, relevant to the subject matter of the application.\n\t(2)\tThe following are interested persons—\n\t(a)\tthe registered representative of claimants to native title in the land; and\n\t(b)\ta person whose interests would be affected by the existence of native title in the land (including a person who proposes to carry out mining operations on the land); and\n\t(c)\ta representative Aboriginal body; and\n\t(d)\tthe State Minister; and\n\t(e)\tthe Commonwealth Minister; and\n\t(ea)\tthe council (within the meaning of the Local Government Act 1999) of the area in which the land to which the proceedings relate is situated; and\n\t(f)\tany other person who, in the Court's opinion, may be in a position to contribute to the proper resolution of the questions at issue.\n\t(3)\tIf, after hearing the evidence and submissions, the Court is satisfied that native title exists in the land or a particular part of the land, the Court must—\n\t(a)\tdefine the land in which the native title exists; and\n\t(b)\tdefine the Aboriginal group in which native title is vested so that it is possible to determine whether a particular person is, or is not, a member of the group; and\n\t(c)\tdefine the nature and extent of the rights and interests conferred by the native title and, in particular, state whether the native title confers a right to exclusive possession of the land; and\nExplanatory note—\nSuch a right cannot be found to exist in respect of land covered by a non-exclusive agricultural lease or a non-exclusive pastoral lease. Cf section 225(e) of the Commonwealth Act.\n\t(d)\tstate the nature and extent of other interests in the land; and\n\t(e)\tdefine the relationship between the native title and other interests in the land.\n\t(4)\tA declaration that native title exists in land is to be regarded as a comprehensive declaration of all native title in the land and hence excludes the possible existence of other native title in the same land.\n\t(5)\tA native title declaration is, subject to any qualification stated in the declaration, conclusive except in proceedings by way of appeal from the declaration or for variation or revocation of the declaration.1\n\t(6)\tAfter hearing the evidence and submissions, the Court may, if satisfied that native title does not exist in the land, or a particular part of the land, to which the application relates, make a declaration to that effect.\nEditorial Note—\n1\tSee section 25.\n24—Registration of representative\n\t(1)\tIf the Court proposes to declare land subject to native title, the Court must invite a representative of the persons recognised at common law as holders of the native title (the common law holders), within a specified period—\n\t(a)\tto nominate a body corporate to be the registered representative of the holders of native title in the land; and\n\t(b)\tto indicate whether holders of native title in the land want the registered representative to hold the native title on trust.\n\t(2)\tA body corporate—\n\t(a)\tis not eligible for nomination as the registered representative of the holders of native title in land unless it complies with the principles of eligibility prescribed by regulation; but\n\t(b)\tif it does comply with the principles of eligibility—may be the registered representative of different groups of Aboriginal people who hold different rights and interests in the same land or who hold rights and interests in different land.\n\t(3)\tA body corporate nominated to be the registered representative of holders of native title in land—\n\t(a)\tmust be recorded in the register as the registered representative; and\n\t(b)\tmust carry out functions assigned by or under an Act to the registered representative.\n\t(4)\tIf a body corporate that is eligible for nomination under this section is not nominated within the period specified by the Court, the Court must select an eligible body corporate to be the registered representative of the holders of native title in accordance with the regulations.\n\t(5)\tIf—\n\t(a)\tthe representative of holders of native title in the land indicate that they want the body corporate nominated to hold the native title on their behalf; and\n\t(b)\tthe body corporate consents to hold the native title in trust,\nthe Court must make an order vesting the native title in the body corporate to be held in trust for the common law holders.\n\t(6)\tThe terms on which the native title is to be held on trust are to be as prescribed by regulation and the trustee must carry out functions given to it by regulation.\n\t(7)\tThe Court may on application by a representative of the persons who are recognised at common law as the holders of native title in land, order that the registered representative of, or trustee for, the native title holders be changed by substituting a nominated body corporate for the one previously recognised as the registered representative or trustee.\n24A—Native title declaration in proceedings for compensation\n\t(1)\tThis section applies to proceedings based on a claim made to the Court for compensation for an act extinguishing or otherwise affecting native title in relation to land for which a native title declaration has not been made.\n\t(2)\tThe Court must conduct the proceedings as if they involved concurrent applications as follows:\n\t(a)\tthe claim for compensation; and\n\t(b)\tan application for a native title declaration establishing whether native title currently exists at the date of the Court's decision.\n\t(3)\tThe Court must, at the conclusion of the proceedings, make a native title declaration.\n\t(4)\tDivisions 2 and 2A do not apply in relation to a presumptive application for a native title declaration under subsection (2)(b).\n25—Revision of declaration\n\t(1)\tAn application may be made for variation or revocation of a native title declaration by—\n\t(a)\tthe registered representative of the holders of native title in the land to which the declaration relates; or\n\t(b)\tthe Commonwealth Minister; or\n\t(c)\tthe State Minister; or\n\t(d)\tthe Registrar.\n\t(2)\tAn application may only be made under this section on the ground that—\n\t(a)\tthe declaration is no longer correct because of events that have taken place since it was made; or\n\t(b)\tthe interests of justice require the variation or revocation of the declaration.\nDivision 4—Miscellaneous\n26—Merger of proceedings\n\t(1)\tIf the Court has separate proceedings before it in which native title declarations are sought in relation to the same land, the proceedings must be heard together to the extent that they relate to the same area of land.\n\t(2)\tFor the purposes of subsection (1), the Court may make appropriate orders for either or both of the following:\n\t(a)\tthe division of claims into separate claims;\n\t(b)\tthe amalgamation or separation of proceedings.\n26A—Concurrent proceedings\n\t(1)\tIf a non-claimant application is made under this Act, and there is a concurrent claimant application under the Commonwealth Act (accepted before or after the non-claimant application is made)—\n\t(a)\tthe non-claimant application under this Act is, to the extent that it relates to the same land as the claimant application, stayed while proceedings based on the claimant application continue; and\n\t(b)\tto the extent that the non-claimant application relates to land that becomes subject to a native title declaration under the Commonwealth Act, is permanently stayed.\n\t(2)\tHowever if a native title declaration under the Commonwealth Act is varied or revoked, the application revives to the extent that it relates to land that ceases to be subject to the declaration.\n26B—Cross-vesting scheme\n\t(1)\tFor the purpose of avoiding multiplicity of proceedings, the State Minister and the Commonwealth Minister may enter into an arrangement (a cross-vesting scheme) providing reciprocal powers for the transfer of proceedings involving native title questions between the Court and Commonwealth authorities with power to adjudicate on native title questions.\n\t(2)\tIf proceedings are transferred to a Commonwealth authority under a cross-vesting scheme, the Commonwealth authority has, subject to the conditions of the scheme, jurisdiction to decide native title questions and also other questions arising in the proceedings.\n27—Protection of native title from encumbrance and execution\nIf native title is held on trust under Division 3, the native title—\n\t(a)\tcannot be dealt with except as authorised by regulation; and\n\t(b)\tcannot be taken in execution under the judgment of a court unless the native title is, under the terms of a dealing authorised by regulation, liable to be taken in execution under the judgment of a court.\nPart 4A—Compensation for acts extinguishing or otherwise affecting native title\n27A—Claims for compensation for acts extinguishing or otherwise affecting native title\n\t(1)\tThis section applies to claims for compensation for an act extinguishing or otherwise affecting native title.\n\t(2)\tIf a claim is made to the Court by a person other than the registered representative of the native title holders, the statement of claim—\n\t(a)\tmust have annexed to it a schedule setting out the information classified in the regulations as mandatory information; and\n\t(b)\tmay have annexed to it a further schedule setting out information classified in the regulations as permissible additional information; and\n\t(c)\tmust be accompanied by an affidavit sworn by the person bringing the claim (the representative)—\n\t(i)\tstating that the representative believes that native title exists or existed in relation to the area to which the claim relates; and\n\t(ii)\tstating that the representative believes that all of the statements made in the statement of claim are true; and\n\t(iii)\tstating that the representative is authorised by the Aboriginal group to make the application and to deal with matters arising in relation to it and stating the basis of the authorisation.\n\t(3)\tIn determining compensation, the Court is to apply the same principles as would be applicable if the compensation were determined under the Commonwealth Act.\n\t(4)\tIf the Court makes an order for compensation, the order must set out—\n\t(a)\tthe name of the person or persons entitled to the compensation or a method for determining their identity; and\n\t(b)\tif the compensation is to be distributed between 2 or more persons—the basis of the distribution; and\n\t(c)\ta method for determining disputes regarding entitlement to compensation.\nPart 5—Service on native title holders\n28—Service on native title holder where title registered\n\t(1)\tIf native title is registered under the law of the Commonwealth or the State, a notice or other document is validly served on the holders of the native title if the notice or other document is given personally or by post to—\n\t(a)\ttheir registered representative; and\n\t(b)\tthe relevant representative Aboriginal body for the land.\n\t(2)\tIf—\n\t(a)\tan 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\n\t(b)\tnative title is registered under the law of the Commonwealth or the State in the relevant land and the possibility that unregistered native title may concurrently exist in the same land has been excluded by declaration of a court of competent jurisdiction,\nthe 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).\n29—Service on native title claimants\n\t(1)\tIf a claim to native title is registered under the law of the Commonwealth or the State, a notice or other document is validly served on the claimants to that native title if the notice or other document is given personally or by post to—\n\t(a)\ttheir registered representative; and\n\t(b)\tthe relevant representative Aboriginal body for the land.\n30—Service where existence of native title, or identity of native title holders uncertain\n\t(1)\tA notice or other document is validly served on all who hold or may hold native title in land as follows:\n\t(a)\tin the case of a right to negotiate notice, if—\n\t(i)\tnotice of the nature and effect of the notice or other document is given as required by regulation; and\n\t(ii)\ta copy of the notice or other document is given personally or by post or by some other agreed method to—\n\t(A)\tall 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\n\t(B)\tthe relevant representative Aboriginal body; and\n\t(C)\tthe State Minister;\n\t(b)\tin 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—\n\t(i)\tall registered representatives of claimants to or holders of native title in the land; and\n\t(ii)\tthe relevant representative Aboriginal body.\n\t(2)\tIf—\n\t(a)\tan 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\n\t(b)\tthe land in question is native title land but there is no registered native title in the relevant land,\nthe 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).\n\t(3)\tService of a notice or other document is effected when all requirements of this section for its service are completed.\n\t(4)\tIn this section—\nright to negotiate notice means—\n\t(a)\ta notice of the initiation of negotiations under Part 9B of the Mining Act 1971 or Part 7 of the Opal Mining Act 1995;\n\t(b)\ta 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;\n\t(c)\tany other notice declared by regulation to be a right to negotiate notice.\nPart 6—Validation and effect of certain acts\nDivision 1—Preliminary\n31—Interpretation\n\t(1)\tIn this Part—\nNTA means the Native Title Act 1993 of the Commonwealth.\n\t(2)\tUnless the contrary intention appears, a word or expression used in the NTA has the same meaning in this Part as it has in the NTA.\nDivision 2—Validation\n32—Validation of past acts attributable to the State\nEvery past act attributable to the State is valid and is taken always to have been valid.1\nEditorial Note—\n1\tSee section 19 NTA. An act attributable to the State is defined in section 239 NTA. Valid is defined in section 253 NTA.\n32A—Validation of intermediate period acts attributable to the State\nEvery intermediate period act attributable to the State is valid and is taken always to have been valid.1\nEditorial Note—\n1\tSee section 22F NTA. An intermediate period act is defined in section 232A NTA. The term covers certain acts that took place between 1 January 1994 and 23 December 1996. An act attributable to the State is defined in section 239 NTA. Valid is defined in section 253 NTA.\n32B—Validation by agreement of future acts attributable to State\n\t(1)\tIf—\n\t(a)\tan indigenous land use agreement to which the State is a party provides for the retrospective validation or conditional validation of a future act, or a class of future acts, attributable to the State; and\n\t(b)\tthe requirements of section 24EBA(1) of the NTA are satisfied in relation to the agreement,\nthe future act or class of future acts is valid and is taken always to have been valid.1\n\t(2)\tIn this section—\nfuture act does not include an intermediate period act.\nEditorial Note—\n1\tSee sections 24EBA(1) and (3) NTA. Indigenous land use agreements are defined in sections 24BA, 24CA and 24DA NTA. A future act is defined in section 233 NTA. An act attributable to the State is defined in section 239 NTA. Valid is defined in section 253 NTA.\nSection 24EBA(1) NTA requires—\n\t•\tdetails of the agreement to be on the Register of Indigenous Land Use Agreements (see Part 8A NTA); and\n\t•\tany person (other than the Crown in right of the Commonwealth, a State or a Territory) who is or may become liable under the agreement or otherwise to pay compensation in relation to the act or class of acts to be a party to the agreement.\nDivision 3—Past acts\n32C—Application of Division 3\n\t(1)\tThis Division does not apply to a previous exclusive possession act.1\n\t(2)\tThis Division does not apply to a previous non-exclusive possession act unless the act is a category A past act consisting of the grant of a pastoral lease or an agricultural lease.2\nEditorial Notes—\n1\tSee sections 23E and 23C(3) NTA.\n2\tSee sections 23I and 23G(2) and (3) NTA.\n33—Effect of validation—category A past acts that are not public works\nA category A past act (except a past act to which section 229(4) of the NTA applies) extinguishes the native title concerned.1\nEditorial Note—\n1\tSee sections 19 and 15(1)(a) NTA. A category A past act is defined in section 229 NTA. This category covers certain freehold grants, certain leasehold grants (commercial, agricultural, pastoral and residential leases and those parts of mining leases that are taken to be \"dissected\" under section 245 NTA, such as lands on which there are city, town or private residences) and public works. Lease, permit and various types of leases are defined in sections 242 to 249 NTA. Section 229(4) NTA applies to certain past acts consisting of the construction or establishment of a public work. Public work is defined in section 253 NTA.\n34—Effect of validation—category A past acts that are public works\n\t(1)\tA category A past act to which section 229(4) of the NTA applies extinguishes native title in relation to the land or waters on which the public work concerned (on completion of its construction or establishment) was or is situated.1\n\t(2)\tIf section 229(4)(a) of the NTA applies to the past act, the extinguishment is taken to have happened on 1 January 1994.2\nEditorial Notes—\n1\tSee sections 19 and 15(1)(b) NTA.\n2\tSection 229(4)(a) NTA applies to a past act consisting of the construction or establishment of any public work if the work commenced to be constructed or established before 1 January 1994 and the construction or establishment had not been completed by that day.\n35—Effect of validation—inconsistent category B past acts\nA category B past act wholly or partly inconsistent with the continued existence, enjoyment or exercise of rights conferred by the native title concerned extinguishes the native title to the extent of the inconsistency.1\nEditorial Note—\n1\tSee sections 19 and 15(1)(c) NTA. A category B past act is defined in section 230 NTA. This category covers leasehold grants (other than leases that are category A past acts and mining leases.)\n36—Effect of validation—category C and D past acts\nThe non-extinguishment principle applies to all category C and D past acts.1\nEditorial Note—\n1\tSee sections 19 and 15(1)(d) NTA. A category C past act is defined in section 231 NTA. This category deals with the grant of mining leases. Mining lease is defined in section 245 NTA and mine in section 253 NTA. A category D past act is defined in section 232 NTA. It is the residual category of past acts. The effect of the non-extinguishment principle is set out in section 238 NTA.\nDivision 4—Intermediate period acts\n36A—Application of Division 4\nThis Division does not apply to a previous exclusive possession act or a previous non-exclusive possession act.1\nEditorial Note—\n1\tSee sections 23E and 23C(3) NTA and sections 23I and 23G(3) NTA.\n36B—Effect of validation—category A intermediate period acts that are not public works\nA category A intermediate period act (except such an act consisting of the construction or establishment of a public work) extinguishes the native title concerned.1\nEditorial Note—\n1\tSee sections 22F and 22B(a) NTA. A category A intermediate period act is defined in section 232B NTA. This category covers freehold estates, certain leasehold grants (Scheduled interests, commercial, exclusive agricultural, exclusive pastoral, residential and community purposes leases and those parts of mining leases that are taken to be \"dissected\" under section 245 NTA, such as lands on which there are city, town or private residences), certain vestings and public works. Lease, permit and 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. An indigenous land use agreement registered under the NTA may change the effect of validation of intermediate period acts—see section 24EBA(1)(a)(iii) and (6) NTA.\n36C—Effect of validation—category A intermediate period acts that are public works\n\t(1)\tA category A intermediate period act consisting of the construction or establishment of a public work extinguishes native title in relation to the land or waters on which the public work (on completion of its construction or establishment) was or is situated.1\n\t(2)\tThe extinguishment is taken to have happened when the construction or establishment began.2\nEditorial Notes—\n1\tSee sections 22F and 22B(b)(i) NTA. An indigenous land use agreement registered under the NTA may change the effect of validation of intermediate period acts—see section 24EBA(1)(a)(iii) and (6) NTA.\n2\tSee section 22B(b)(ii) NTA.\n36D—Effect of validation—inconsistent category B intermediate period acts\nA category B intermediate period act wholly or partly inconsistent with the continued existence, enjoyment or exercise of rights conferred by the native title concerned extinguishes the native title to the extent of the inconsistency.1\nEditorial Note—\n1\tSee sections 22F and 22B(c) NTA. A category B intermediate period act is defined in section 232C NTA. This category covers leasehold grants (other than leases that are category A intermediate period acts and mining leases). An indigenous land use agreement registered under the NTA may change the effect of validation of intermediate period acts—see section 24EBA(1)(a)(iii) and (6) NTA.\n36E—Effect of validation—category C and D intermediate period acts\nThe non-extinguishment principle applies to all category C and D intermediate period acts.1\nEditorial Note—\n1\tSee sections 22F and 22B(d) NTA. A category C intermediate period act is defined in section 232D NTA. This category covers mining leases. Mining lease is defined in section 245 NTA and mine in section 253 NTA. A category D intermediate period act is defined in section 232E NTA. It is the residual category of intermediate period acts. The effect of the non‑extinguishment principle is set out in section 238 NTA. An indigenous land use agreement registered under the NTA may change the effect of validation of intermediate period acts—see section 24EBA(1)(a)(iii) and (6) NTA.\nDivision 5—Previous exclusive and non-exclusive possession acts\n36F—Effect of previous exclusive possession acts attributable to the State (other than public works)\n\t(1)\tA 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\n\t(2)\tThe extinguishment is taken to have happened when the act was done.2\n\t(3)\tHowever, 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.\n\t(4)\tIn this section—\nexcepted act means—\n\t(a)\ta previous exclusive possession act consisting of the construction or establishment of a public work; or\n\t(b)\ta 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\n\t(c)\ta previous exclusive possession act that was subject to a reservation or condition expressly for the benefit of Aboriginal people; or\n\t(d)\ta previous exclusive possession act consisting of the grant or vesting of a Scheduled interest if—\n\t(i)\tthe interest had ceased to exist by 23 December 1996; or\n\t(ii)\tthe interest arose under a miscellaneous lease granted solely or primarily for any of the following:\n\t•\tgrazing and cultivation;\n\t•\tgrazing, cultivation and nursery;\n\t•\tland based aquaculture and grazing;\n\t•\tvegetable and fodder growing and grazing;\n\t•\tfellmongering establishment; or\n\t(iii)\tthe 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—\n\t•\tgarden;\n\t•\tgrazing and cropping.\nEditorial Notes—\n1\tSee 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.\n2\tSee section 23C(1)(b) NTA.\n36G—Effect of previous exclusive possession acts that are public works attributable to the State\n\t(1)\tA previous exclusive possession act attributable to the State consisting of the construction or establishment of a public work extinguishes native title in relation to the land or waters on which the public work concerned (on completion of its construction or establishment) was or is situated.1\n\t(2)\tThe extinguishment is taken to have happened when the construction or establishment of the public work began.2\nEditorial Notes—\n1\tSee sections 23E and 23C(2)(a) NTA. An act attributable to the State is defined in section 239 NTA and, for certain purposes, section 23JA NTA.\n2\tSee section 23C(2)(b) NTA.\n36H—Confirmation of validity of use of certain land held by Crown etc\nTo avoid doubt, if an act consisting of the grant or vesting of an interest in relation to land or waters to or in the Crown in any capacity or a statutory authority becomes a previous exclusive possession act when the land or waters are used to any extent in a way that extinguishes native title in relation to the land or waters, the use of the land or waters in that way is valid.1\nEditorial Note—\n1\tSee sections 23E and 23DA NTA.\n36I—Effect of previous non-exclusive possession acts attributable to the State\n\t(1)\tSubject to subsection (2), if a previous non-exclusive possession act is attributable to the State—\n\t(a)\tto the extent that the act involves the grant of rights and interests that are not inconsistent with native title rights and interests in relation to the land or waters covered by the lease concerned, the rights and interests granted, and the doing of any activity in giving effect to them, prevail over the native title rights and interests but do not extinguish them; and\n\t(b)\tto the extent that the act involves the grant of rights and interests that are inconsistent with native title rights and interests in relation to the land or waters covered by the lease concerned—\n\t(i)\tif, apart from this Act, the act extinguishes the native title rights and interests—the native title rights and interests are extinguished; and\n\t(ii)\tin any other case—the native title rights and interests are suspended while the lease concerned, or the lease as renewed, re-made, re‑granted or extended, is in force; and\n\t(c)\tany extinguishment under this subsection is taken to have happened when the act was done.1\n\t(2)\tThis section does not apply to a previous non-exclusive possession act that is a category A past act consisting of the grant of a pastoral lease or an agricultural lease.2\nEditorial Notes—\n1\tSee sections 23I and 23G(1) NTA. A previous non-exclusive possession act is defined in section 23F NTA. An act attributable to the State is defined in section 239 NTA and, for certain purposes, section 23JA NTA.\n2\tSee section 23G(2) NTA.\n36J—Notification of certain non-exclusive agricultural or pastoral leases\n\t(1)\tBefore granting a non-exclusive agricultural lease or non-exclusive pastoral lease to give effect to, or otherwise because of, an offer, commitment, arrangement or undertaking made or given in good faith on or before 23 December 1996 (and of which there is written evidence created at or about the time the offer, commitment, arrangement or undertaking was made)—\n\t(a)\tnotice of the proposed grant must be given to—\n\t(i)\tall registered representatives of holders of native title in the land concerned; and\n\t(ii)\tall registered representatives of persons who are registered under the law of the Commonwealth or the State as claimants to native title in the land concerned; and\n\t(iii)\tthe relevant representative Aboriginal body; and\n\t(b)\tthose persons must be given an opportunity to comment.1\n\t(2)\tA notice under subsection (1)—\n\t(a)\tmay relate to a number of different leases proposed to be granted over a specified period;\n\t(b)\tmust be given in the way determined in writing by the Commonwealth Minister for the purposes of the NTA.2\nEditorial Notes—\n1\tSee sections 23I and 23HA NTA. A non-exclusive agricultural lease is defined in section 247B NTA and a non-exclusive pastoral lease in section 248B NTA.\n2\tSee sections 23I and 23HA NTA.\nDivision 6—Miscellaneous\n37—Extinguishment does not confer right to eject or remove Aboriginal peoples\nAn extinguishment of native title effected by this Act does not by itself confer a right to eject or remove Aboriginal people who reside on or who exercise access over land or waters covered by a pastoral lease the grant, re-grant or extension of which is validated by this Act.1\nEditorial Note—\n1\tSee sections 19 and 15(2) NTA.\n38—Preservation of beneficial reservations and conditions\nIf—\n\t(a)\ta past act, intermediate period act, previous exclusive possession act, or previous non-exclusive possession act, attributable to the State contains a reservation or condition for the benefit of Aboriginal peoples; or\n\t(b)\tthe doing of the act would affect rights or interests (other than rights conferred by native title) of Aboriginal peoples (whether arising under legislation, at common law or in equity and whether or not rights of usage),\nnothing in this Act affects that reservation or condition or those rights or interests.1\nEditorial Note—\n1\tSee sections 19 and 16 NTA; sections 22F and 22C NTA; 23E and 23D NTA; sections 23I and 23H NTA. An act attributable to the State is defined in section 239 NTA and, for certain purposes, section 23JA NTA.\nPart 7—Confirmation of Crown and other rights\n39—Confirmation\n\t(1)\tThe existing ownership of natural resources by the Crown is confirmed.\n\t(2)\tAll existing rights of the Crown to use, control and regulate the flow of water are confirmed.\n\t(3)\tAll existing fishing access rights under the law of the State prevail over any other public or private fishing rights.\n\t(4)\tExisting public access to and enjoyment of the following places is confirmed:\n\t(a)\twaterways;\n\t(b)\tbeds and banks or foreshores of waterways;\n\t(c)\tcoastal waters;\n\t(d)\tbeaches;\n\t(da)\tstock-routes;\n\t(e)\tareas that were public places at 31 December 1993.\n\t(5)\tNothing in this section—\n\t(a)\textinguishes native title; or\n\t(b)\taffects land or an interest in land held by Aboriginal peoples under a law that confers benefits only on Aboriginal peoples.\nPart 8—Miscellaneous\n39A—Content of orders for compensation to Aboriginal group\nIf the Court makes an order for the payment of compensation to an Aboriginal group, the order must set out—\n\t(a)\tthe name of the persons entitled to the compensation or how they are to be identified; and\n\t(b)\tif the compensation is to be divided between the members of the group—\n\t(i)\thow it is to be divided; and\n\t(ii)\thow any dispute between members of the group about their respective entitlements to the compensation is to be determined.\n40—Regulations\nThe Governor may make regulations for the purposes of this Act.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation amended by principal Act\nThe Native Title (South Australia) Act 1994 amended the following:\nActs Interpretation Act 1915\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1994\n92\nNative Title (South Australia) Act 1994\n15.12.1994\n15.12.1994 (Gazette 15.12.1994 p2129) except Pt 5—9.5.1996 and except Pts 3 & 4— 17.6.1996 (Gazette 9.5.1996 p2440)\n1998\n23\nStatutes Amendment (Native Title) Act 1998\n2.4.1998\nPt 3 (ss 9 & 10)—21.5.1998 (Gazette 21.5.1998 p2199); Pt 3 (s 11)—2.4.2000 (s 7(5) Acts Interpretation Act 1915)\n2000\n46\nNative Title (South Australia) (Miscellaneous) Amendment Act 2000\n13.7.2000\n27.8.2001 (Gazette 9.8.2001 p2878)\n2000\n84\nNative Title (South Australia) (Validation and Confirmation) Amendment Act 2000\n14.12.2000\n22.1.2001 (Gazette 18.1.2001 p68)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\n..\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n..\nPt 2\n\n\ns 3\n\n\ns 3(1)\n\n\nAboriginal group\ninserted by 46/2000 s 3(a)\n27.8.2001\naffect\ninserted by 46/2000 s 3(b)\n27.8.2001\nclaimant applicant\ninserted by 46/2000 s 3(b)\n27.8.2001\nnative title declaration\nsubstituted by 46/2000 s 3(c)\n27.8.2001\nnative title holder\nsubstituted by 46/2000 s 3(d)\n27.8.2001\nnative title party\ninserted by 46/2000 s 3(e)\n27.8.2001\nnative title question\namended by 46/2000 s 3(f)\n27.8.2001\nnative title register\ninserted by 46/2000 s 3(g)\n27.8.2001\nnon-claimant application\ninserted by 46/2000 s 3(g)\n27.8.2001\nregistered native title rights\ninserted by 46/2000 s 3(g)\n27.8.2001\nregistered representative\nsubstituted by 46/2000 s 3(h)\n27.8.2001\nrepresentative Aboriginal body\nsubstituted by 46/2000 s 3(i)\n27.8.2001\ns 3(2)\nsubstituted by 46/2000 s 3(j)\n27.8.2001\ns 3(3)\n\n\nmining tenement\nsubstituted by 46/2000 s 3(k)\n27.8.2001\nrelevant Act\ninserted by 46/2000 s 3(l)\n27.8.2001\nright to exclusive possession of land\ninserted by 46/2000 s 3(l)\n27.8.2001\ns 4\n\n\ns 4(3)\namended by 46/2000 s 4(a)\n27.8.2001\ns 4(3a)\ninserted by 46/2000 s 4(b)\n27.8.2001\ns 4(5)\ndeleted by 46/2000 s 4(c)\n27.8.2001\n explanatory note\nsubstituted by 46/2000 s 4(d)\n27.8.2001\ns 4A\ninserted by 46/2000 s 5\n27.8.2001\nPt 3\n\n\ns 9\n\n\ns 9(1)\namended by 23/1998 s 9(a)\n21.5.1998\ns 9(1a)\ninserted by 23/1998 s 9(b)\n21.5.1998\ns 12\nsubstituted by 23/1998 s 10\n21.5.1998\ns 13\n\n\ns 13(1)\ns 13(b) deleted by 46/2000 s 6(a)\n27.8.2001\n\ns 13 redesignated as s 13(1) by 46/2000 s 6(b)\n27.8.2001\ns 13(2) and (3)\ninserted by 46/2000 s 6(b)\n27.8.2001\nPt 3 Div 5\namended by 23/1998 s 11\n2.4.2000\n\nsubstituted by 46/2000 s 7\n27.8.2001\nPt 3 Div 6\ninserted by 46/2000 s 7\n27.8.2001\nPt 4\n\n\ns 17\n\n\ns 17(2)\namended by 46/2000 s 8(a), (b)\n27.8.2001\ns 17(4)\n(b) deleted by 46/2000 s 8(c)\n27.8.2001\ns 17(5)\ninserted by 46/2000 s 8(d)\n27.8.2001\nPt 4 Div 2\nheading substituted by 46/2000 s 9\n27.8.2001\ns 18\nsubstituted by 46/2000 s 9\n27.8.2001\ns 18A\ninserted by 46/2000 s 9\n27.8.2001\nPt 4 Div 2A\nheading inserted by 46/2000 s 9\n27.8.2001\ns 19\nsubstituted by 46/2000 s 9\n27.8.2001\nss 19A and 19B\ninserted by 46/2000 s 9\n27.8.2001\nPt 4 Div 3\nheading substituted by 46/2000 s 9\n27.8.2001\ns 20\nsubstituted by 46/2000 s 9\n27.8.2001\ns 21—see s 26A\n\n\ns 22—see s 26B\n\n\ns 23\n\n\ns 23(2)\namended by 46/2000 s 11(a)\n27.8.2001\ns 23(3)\nsubstituted by 46/2000 s 11(b)\n27.8.2001\ns 23(4)\namended by 46/2000 s 11(c)\n27.8.2001\ns 24\n\n\ns 24(1)\namended by 46/2000 s 12\n27.8.2001\ns 24A\ninserted by 46/2000 s 13\n27.8.2001\n Pt 4 Div 4\nheading inserted by 46/2000 s 14\n27.8.2001\ns 26\nsubstituted by 46/2000 s 15\n27.8.2001\ns 26A\ns 21 amended by 46/2000 s 10(1)\n27.8.2001\n\ns 21 redesignated as s 26A by 46/2000 s 10(2)\n27.8.2001\ns 26B\ns 22 redesignated as s 26B by 46/2000 s 10(2)\n27.8.2001\ns 27\namended by 46/2000 s 16\n27.8.2001\nPt 4A\ninserted by 46/2000 s 17\n27.8.2001\nPt 5\n\n\ns 30\n\n\ns 30(1)\nsubstituted by 46/2000 s 18(a)\n27.8.2001\ns 30(2)\namended by 46/2000 s 18(b)\n27.8.2001\ns 30(4)\ninserted by 46/2000 s 18(c)\n27.8.2001\nPt 6\nheading substituted by 84/2000 s 3\n22.1.2001\nPt 6 Div 1\nheading inserted by 84/2000 s 3\n22.1.2001\nPt 6 Div 2\nheading inserted by 84/2000 s 4\n22.1.2001\nss 32A and 32B\ninserted by 84/2000 s 5\n22.1.2001\nPt 6 Div 3\nheading inserted by 84/2000 s 5\n22.1.2001\ns 32C\ninserted by 84/2000 s 5\n22.1.2001\nPt 6 Div 4\nheading inserted by 84/2000 s 6\n22.1.2001\nss 36A—36E\ninserted by 84/2000 s 6\n22.1.2001\nPt 6 Div 5\nheading inserted by 84/2000 s 6\n22.1.2001\nss 36F—36J\ninserted by 84/2000 s 6\n22.1.2001\nPt 6 Div 6\nheading inserted by 84/2000 s 6\n22.1.2001\ns 38\nsubstituted by 84/2000 s 7\n22.1.2001\nPt 7\n\n\ns 39\n\n\ns 39(4)\namended by 84/2000 s 8(a)\n22.1.2001\ns 39(5)\namended by 84/2000 s 8(b)\n22.1.2001\nPt 8\n\n\ns 39A\ninserted by 46/2000 s 19\n27.8.2001\nSch\nomitted under Legislation Revision and Publication Act 2002\n\nTransitional etc provisions associated with Act or amendments\nNative Title (South Australia) (Miscellaneous) Amendment Act 2000\n20—Previous registration or application for registration of claim to native title\n\t(1)\tIf, at the commencement of this Act, an application for registration of a claim to native title has been made but not determined under the principal Act, the Registrar is to consider the application as if it had been made on or after that commencement.\n\t(2)\tIf, at the commencement of this Act, there are registered claims to native title under the principal Act, the Registrar is, as soon as practicable, to reconsider each of those claims as if an application for registration of the claim had been made on or after that commencement (and the Native Title Registrar appointed under Pt 5 of the Native Title Act 1993 (Cwth) must be informed of the outcome of the reconsideration of each claim).\n\t(3)\tIf, at the commencement of this Act, an application for review of a decision of the Registrar to reject an application for registration of a claim to native title has been made but not determined, the application must be determined as if the application for registration had been made on or after that commencement.\nHistorical versions\nReprint No 1—21.5.1998\n\nReprint No 2—2.4.2000\n\nReprint No 3—22.1.2001\n\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act's scope has been materially expanded since the original 1994 text by later amendments recorded in the legislative history. Amendments inserted or altered provisions that create or refine the claimant registration test and review (ss 19, 19A, 19B), added a statutory compensation procedure (Part 4A, s 27A), introduced validation of intermediate and certain future State acts (ss 32A, 32B) and a suite of detailed rules on the effect of various categories of past and intermediate acts on native title (ss 32C, 33–36E, 36F–36J). Other changes implemented procedural detail on conferences, evidence and court powers (Parts 3 and 4 amendments). These changes expand administrative, evidentiary and validation mechanisms compared with the original enactment (see the provisions and the \"Provisions amended\" and amendments summary in the legislative history)."},"complexity_factors":["Extensive cross‑references to the Commonwealth Native Title Act 1993 and reliance on Commonwealth definitions and provisions (see s 31 and multiple editorial notes).","Multiple categories of historical acts (past, intermediate period, previous exclusive/non‑exclusive possession acts; categories A–D) with differing legal effects on native title (ss 32–36E, 36F–36J).","Multistage administrative process for claimant registration with substantive tests and Registrar discretion plus court review (ss 19, 19A, 19B).","Concurrent jurisdiction and transfer/ referral powers between ERD Court and Supreme Court, including cross‑vesting options with Commonwealth authorities (ss 5–6, 20, 26B).","Detailed procedural, evidentiary and verification requirements for applications and compensation claims (s 18A; s 27A).","Statutory roles and binding effect of registered representatives and the prescribed regulatory eligibility framework (s 4A; s 24).","Confidentiality carve‑out within the State Native Title Register and directions by Court or Registrar on access (s 17(4)).","Multiple discretionary decision points (Registrar, Court, Governor by regulation) that affect timing, content and outcome (s 19A(3), ss 8–10, s 40)."],"plain_english_summary":"What this law does, mechanically\n\n- Creates a South Australian framework for dealing with \"native title\": definitions, a State Native Title Register, application and registration rules, court procedures, and rules for validating past, intermediate and certain State acts that affect native title (see Part 2; Part 4; Part 6).\n- Gives the Environment, Resources and Development Court (ERD Court) and the Supreme Court concurrent jurisdiction to hear native title questions and sets rules for which court should hear matters (ss 5–6, 20).\n- Requires most contested matters to go first to a court‑run conference/mediation with evidence from the conference generally inadmissible and mediators disqualified from further participation unless parties agree (ss 8–12).\n- Establishes a State Native Title Register that records registered claims, decisions and registered representatives, with a confidentiality section for material that cannot be publicly disclosed (s 17).\n- Sets detailed filing, content and verification requirements for claimant and non‑claimant applications for native title declarations (s 18; s 18A).\n- Makes the Registrar responsible for deciding whether a claimant application should be registered under a statutory test (ss 19, 19A) and provides for court review of that decision (s 19B).\n- Directs the Court on the conduct of hearings, the persons who may be heard, how the Court must define native title if found, and how declarations operate and may be varied (ss 13, 14, 23–25).\n- Creates procedures for compensation claims tied to acts that extinguish or affect native title and requires particular information and verification for compensation claims (Part 4A, s 27A).\n- Sets out how notices and documents are to be served on registered native title holders, claimants and, where uncertainty exists, how service is effected (Part 5, ss 28–30).\n- Validates many past and intermediate period State acts and specifies how different categories of acts affect native title (extinguishment, suspension or non‑extinguishment) (Part 6, Divs 2–5; see ss 32, 32A, 33–36E, 36F–36J).\n- Confirms Crown ownership of natural resources, water control rights and certain public access and fishing rights (s 39).\n- Gives the Governor power to make regulations for carrying out the Act (s 40).\n\nWho the law affects (mechanically)\n\n- Aboriginal groups and persons who hold or claim native title in South Australia — they are defined, may be registered as claimants or holders, may nominate or be bound by a registered representative, and can bring or be the subject of native title and compensation applications (ss 3, 4, 4A, 18–19A, 24).\n- Registered representatives and registered native title bodies corporate — whose nomination, duties and eligibility are set out and who can be treated as the point of service and the negotiating counterpart (s 4A; ss 17(2)(d), 24).\n- The State (including the State Minister) and the Commonwealth (including the Commonwealth Minister) — both can be applicants, are interested persons in proceedings, and are parties to arrangements such as cross‑vesting schemes and indigenous land use agreement validations (ss 18(2)(c),(d); ss 26B, 32B).\n- Holders of prior interests (freehold, leases, mining tenements, public works) and third parties proposing to use land (for example, mining operators) — the Act confirms or validates many past State acts and prescribes how those acts affect native title (ss 3, 18(2)(b); Part 6).\n- Courts, the Registrar and representative Aboriginal bodies — given specific procedural roles and statutory powers and duties (eg. ss 5–7, 17, 19A(3), 24).\n\nWhy it matters (official rationale and a light analytical test)\n\n- Officially: the Act implements procedures for recognising and determining native title questions in South Australia, provides certainty about the legal status of past State acts, and sets out how compensation and negotiation processes are to operate (Parts 3, 4, 6; s 27A). The text expressly validates many past and intermediate period State acts as \"valid\" and then specifies the legal consequences for native title (ss 32, 32A, 33–36E, 36F–36J).\n\n- Tested against costs, incentives and trade‑offs:\n  - Who pays: applicants and representative bodies bear the administrative and evidentiary burdens of preparing applications, maps, statutory declarations and certificates (s 18A(1)–(3)); parties generally bear their own costs in litigation involving native title unless the Court orders otherwise (s 16B(1)–(2)). The register is inspectable on payment of a fee fixed by regulation (s 17(3)). Courts may order costs against a party who unreasonably causes another to incur costs (s 16B(2)).\n  - Who decides: the Registrar decides registration (s 19A(1)–(3)); the ERD Court or Supreme Court decides native title questions and compensation (ss 5–6, 20, 23); the Court or Registrar control parts of the register and confidential access (s 17(4)); the Governor makes regulations (s 40). These roles create points of administrative discretion (see s 19A(3) — Registrar may obtain other information; ss 8–10 — Court decides mediation process; s 24(2) — regulations determine eligibility of bodies corporate as registered representatives).\n  - Compliance burden and implementation risk: claimant applications must include detailed factual bases, membership definitions and affidavits (s 18A(2)(a)–(k)); compensation claims brought by non‑representatives require mandatory schedules and an affidavit of authority (s 27A(2)). The Registrar must reconsider amended claims (s 19A(4)–(5)) and use best endeavours to meet negotiation timeframes where notices create time limits (s 19A(6)). These requirements allocate time, legal and evidentiary resources to applicants and representative bodies.\n  - Effects on private enterprise, ownership and contract freedom: the Act validates many past State acts (ss 32, 32A) and sets out categories of acts that extinguish or do not extinguish native title (ss 33–36E, 36F–36J). That validation and the confirmation of Crown resource rights (s 39) increase legal certainty for holders of prior interests (leases, mining tenements, public works) by specifying when native title is extinguished, suspended or subjected to coexistence. The Act also preserves specific reservations and conditions for Aboriginal peoples where they exist (s 38), and establishes service and negotiation notice procedures that affect how and when commercial parties must notify or negotiate (Part 5; s 30 right to negotiate notice).\n  - Incentives and behavioural changes: registration confers procedural advantages (registration determines who may participate and can be linked to negotiation rights) and the Registrar must prioritise registration where statutory negotiation rights depend on registration (s 19A(6)). Registered representatives may bind the Aboriginal group for service and negotiation purposes (s 4A(1)). These provisions concentrate formal negotiation authority in registered representatives and affect how claimants and counter‑parties approach negotiations and litigation.\n  - Bureaucratic discretion and regulatory scope: the Registrar exercises evaluative judgment when applying the registration test (s 19A), the Court has discretion over conferences, joinder and admissibility measures (ss 8–12, 16A), and regulations define eligibility for representatives and many procedural details (ss 24(2), 40). Cross‑vesting and interaction with Commonwealth registers and the Native Title Act 1993 (Cwth) mean that Commonwealth law and intergovernmental arrangements materially shape outcomes (see multiple cross references throughout Part 6 and registration provisions such as ss 17(2)(b),(c), 19A(3)).\n\nConcrete trade‑offs and risks noted in the text\n\n- Concentration of negotiating and service authority: a registered representative (often a body corporate) can receive notices, negotiate and bind the Aboriginal group for specified purposes (s 4A(1); s 17(2)(d); s 24). Regulations determine eligibility for such bodies (s 24(2)). The Act therefore creates a small number of legal touchpoints that other parties and the State will deal with directly.\n- Validation vs compensation: the Act validates many past State acts as \"always valid\" (ss 32, 32A) and then prescribes where native title is extinguished, suspended or left intact (ss 33–36E, 36F–36J). At the same time it provides a mechanism for claims for compensation for acts that extinguish or affect native title and sets requirements for such claims (Part 4A, s 27A). The legal effect is to trade off retrospective certainty about many prior acts against a statutory compensation process.\n- Interaction with Commonwealth rules: the Act depends on and cross‑references the Native Title Act 1993 (Cwth) for definitions, categories, and some operative effects (eg. application of sections 47/47A/47B, and many NTA cross‑references in Part 6). The registrability, effect of past acts and certain notification procedures rely on Commonwealth definitions and tests (see s 31 and numerous editorial notes). This makes outcomes contingent on how the Commonwealth Act operates and is interpreted.\n\nBottom line, in practical terms\n\n- The Act sets the procedural and substantive framework for claiming, registering, litigating and (in many cases) extinguishing or compensating for native title in South Australia. It centralises key functions in the Registrar and in court processes, establishes binding roles for registered representatives, validates many historical State acts with specified legal consequences for native title, and provides a compensation route where native title has been extinguished or affected.\n\nKey provisions cited: definitions and scope (ss 3–4, 4A); jurisdiction and court processes (ss 5–14, 20, 23–25); registration and Registrar powers (ss 17, 18A, 19–19B); service and negotiation notice rules (Part 5, ss 28–30); validation and effect of past and intermediate acts (Part 6, ss 31–36J); compensation (Part 4A, s 27A); confirmation of Crown rights (s 39); regulations (s 40)."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1994 framework. The original Act appears to have been a relatively straightforward state adjunct to the Commonwealth Native Title Act. However, the 2000 amendments (particularly the Validation and Confirmation Amendment Act 2000) added extensive new Part 6 provisions dealing with 'previous exclusive possession acts' and 'previous non-exclusive possession acts' — complex retrospective validation schemes that mirror and interact with Commonwealth amendments made in response to the Wik and Yorta Yorta decisions. The Miscellaneous Amendment Act 2000 also inserted entirely new Parts (4A on compensation, expanded registration processes in Division 2A) and restructured existing Parts. The legislative history shows the Act has evolved from a simple state registration and court procedure mechanism into a comprehensive validation and compensation scheme with intricate categorisation of historical land dealings."},"complexity_factors":["Extensive cross-referencing with the Commonwealth Native Title Act 1993 (Cwth) — the Act repeatedly imports definitions and concepts from federal law (e.g., sections 31-32B, 36F-36J)","Multiple overlapping categories of 'acts' with different legal consequences: past acts, intermediate period acts, previous exclusive possession acts, previous non-exclusive possession acts, category A/B/C/D acts — each with distinct extinguishment effects (Part 6, Divisions 3-5)","Nested exceptions and qualifications throughout Part 6, particularly the detailed 'excepted acts' definition in section 36F(4) with four separate sub-categories","Dual court jurisdiction with complex transfer mechanisms between Supreme Court and ERD Court (sections 5-6, 20)","27 defined terms in section 3(1)-(3) alone, many themselves requiring further definition (e.g., 'native title' defined in section 4, 'registered representative' requiring reference to Part 4)","Conditional registration requirements in section 19A with six separate criteria plus three explicit prohibitions on registration","Intricate service provisions in Part 5 distinguishing between registered native title, registered claims, and uncertain native title status, with different rules for 'right to negotiate notices'","Preservation of beneficial reservations and conditions in section 38 creating parallel protections alongside extinguishment provisions","Legislative history showing substantial amendments in 1998, 2000 (twice), indicating evolutionary complexity and layered policy changes"],"plain_english_summary":"**What this law does:**\n\nThis is South Australia's main law dealing with **native title** — the legal recognition that Aboriginal peoples have rights to land and waters based on their traditional laws and customs. It works alongside the Commonwealth's Native Title Act 1993 to create a state-based system for handling native title claims in South Australia.\n\n**Key things the law covers:**\n\n*   **Defining native title:** It sets out what counts as native title (communal, group or individual rights held under traditional laws and customs, including hunting, gathering and fishing rights) and explains when it has been \"extinguished\" (legally ended) by government acts like granting freehold or leases.\n\n*   **Court processes:** It gives the **Environment, Resources and Development Court (ERD Court)** and the **Supreme Court** power to hear native title cases. The ERD Court is the preferred starting point. The law requires courts to use **native title commissioners** (experts who assist judges), hold **conciliation conferences** (mediation meetings) before formal hearings, and conduct hearings with minimal formality while respecting Aboriginal cultural concerns.\n\n*   **Registering claims:** It establishes a **State Native Title Register** to record native title claims and determinations. The Registrar must check if claims meet specific criteria (like showing a traditional connection to the land) before registering them. Registration gives claimants certain rights, including the right to negotiate over mining and other developments.\n\n*   **Validation of past acts:** It validates (makes legally valid) certain government actions done between 1975 and 1994 that might have affected native title, categorising them by how severely they impact native title — from full extinguishment (freehold grants) to temporary suspension (some leases) to no extinguishment (mining leases).\n\n*   **Compensation:** It allows Aboriginal groups to claim compensation when their native title is extinguished or affected by government acts.\n\n*   **Service of documents:** It creates special rules for serving legal notices on native title holders and claimants, usually through their **registered representatives** rather than trying to find every individual member of an Aboriginal group.\n\n**Who it affects:**\n\n*   **Aboriginal groups** seeking recognition of their traditional land rights\n*   **Mining companies** and others wanting to use land that might be subject to native title\n*   **State and Commonwealth governments** managing land and resources\n*   **Courts** handling disputes over land rights\n\n**Why it matters:**\n\nThis law provides a state-based pathway for Aboriginal South Australians to have their traditional connection to country legally recognised, while also giving certainty to miners, farmers and government about what land is available for development. It balances the recognition of Indigenous rights with the need to validate historical land dealings that occurred before native title was recognised by Australian law in 1992."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not accessible. The website returned a page-not-found error, possibly due to a URL structure change following the SA Legislation website update of 24 March 2026. No comparison between original and current legislative intent is possible from the provided content."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 error, preventing substantive legal analysis","The complexity score reflects only the error page content analysed, not the Act itself","The actual Native Title (South Australia) Act 1994 would likely score significantly higher (7-8) due to the inherently complex intersection of state and federal native title law, constitutional considerations, and Indigenous land rights frameworks"],"plain_english_summary":"**What happened here?**\n\nThe link provided did not successfully retrieve the text of the *Native Title (South Australia) Act 1994*. Instead, it returned a **404 \"Page Not Found\" error** from the South Australian legislation website, likely due to a broken or outdated hyperlink following a website update in March 2026.\n\n**What is known about this Act generally?**\n\nThe *Native Title (South Australia) Act 1994* is a South Australian state law enacted to complement the federal *Native Title Act 1993* (Cth). It generally deals with how South Australia recognises and manages **native title** (the legal recognition of Indigenous Australians' traditional rights and interests in land and waters). It would typically cover matters such as:\n- How SA Government bodies interact with native title claims\n- Protection of native title rights within the state\n- Procedures for agreements and negotiations with Aboriginal communities\n\n**Who does it affect?**\nPrimarily Aboriginal and Torres Strait Islander peoples in South Australia with traditional connections to land, as well as government agencies, developers, and landowners dealing with land that may be subject to native title claims.\n\n**Important note:** No actual legislative text was available for analysis. The summary above is based on general knowledge of this Act, not its current provisions."}},"importantCases":[],"_links":{"self":"/api/acts/native-title-south-australia-act-1994","history":"/api/acts/native-title-south-australia-act-1994/history","analysis":"/api/acts/native-title-south-australia-act-1994/analysis","conflicts":"/api/acts/native-title-south-australia-act-1994/conflicts","importantCases":"/api/acts/native-title-south-australia-act-1994/important-cases","documents":"/api/acts/native-title-south-australia-act-1994/documents"}}