CTHFCA
De Rose Hill-Ilpalka Aboriginal Corporation v State of South Australia
[2013] FCA 989
Federal Court of Australia|2013-10-01|Before: Mansfield J
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Source factsCourt
Federal Court of Australia
Decision date
2013-10-01
Before
Mansfield J
Catchwords
- Number of paragraphs: 1
Source
Original judgment source is linked above.
Catchwords
Number of paragraphs: 1
Judgment (6 paragraphs)
[1]
- On 9 June 2011, the De Rose Hill-Ilpalka Aboriginal Corporation RNTBC ICN 4712 (RNTBC) filed a Compensation Application (No. SAD 140 of 2011) (First Compensation Application) in which it sought a determination of compensation under s 50(2) of the Native Title Act 1993 (Cth) (NTA) in respect of compensation payable by the Respondent for certain acts which had extinguished native title in the areas subject to the native title determination in De Rose Hill v South Australia (No 2) (2005) 145 FCR 290 (De Rose Hill Determination) and in areas that had been excluded from the De Rose Hill Determination because native title had been extinguished in those areas. The First Compensation Application was authorised by the De Rose Hill native title holders.
- Due to disagreement as to whether the RNTBC could claim compensation for past extinguishment of native title in areas not subject to the De Rose Hill Determination, on 19 February 2013 the De Rose Hill Native Title holders authorised Peter De Rose, Hughie Cullinan, Tjaruwa Anderson and Karina Lester on behalf of the De Rose Hill Compensation Claim Group, to file a new claim over particular areas of extinguishment. A further Native Title Compensation Application (No. SAD 55 of 2013) (Second Compensation Application) was filed on 19 March 2013.
- By consent, the First Compensation Application is to be dismissed and the RNTBC (the Applicant in the First Compensation Application) is joined as a Second Respondent to the Second Compensation Application.
- The Applicant and the Respondent have reached agreement (Compensation Agreement) as to all of the compensation payable under the NTA by the Respondent in relation to all of the land covered by the First and Second Compensation Applications (Agreement Area) as set out in Schedule 1 to the Orders made in the Second Compensation Application on 1 October 2013.