Native Title (South Australia) Act 1994

An application for a native title declaration in respect of land may be made to the Court by an interested person.

The following are interested persons:

a 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;

a 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);

the

the

However—

an application cannot be made in relation to land that is already the subject of a native title declaration;

if 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—

the extinguishing effect of the act is to be disregarded under section 47, 47A or 47B of the Commonwealth Act; and

the application includes a statement to that effect;

if 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—

the extinguishing effect of the act is to be disregarded under section 47, 47A or 47B of the Commonwealth Act; and

the application includes a statement to that effect.

In this section—