Native Title (South Australia) Act 1994

An application for a native title declaration must (whether the application is a claimant application or a non-claimant application)—

be lodged with the Registrar in writing; and

state the nature of the declaration sought by the applicant; and

define 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

include a map showing the boundaries of the area covered by the application.

A claimant application must—

name 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

state 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

state the factual basis on which native title is asserted and, in particular, the factual basis on which it is asserted that—

the

there exist traditional laws acknowledged by, and traditional customs observed by, the Aboriginal group that give rise to the native title; and

the

give details of any activities currently carried on in relation to the land by the Aboriginal group; and

give 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

give 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

give 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

state the name and address for service of the applicant; and

contain the information, and be accompanied by the documents, required by regulation; and

state 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);

be accompanied by a statutory declaration verifying—

the information contained in the application; and

that 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

that 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.

A 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.

A non-claimant application must—

state the grounds on which the declaration is sought; and

contain 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

state the name and address for service of the applicant; and

contain the information, and be accompanied by the documents, required by regulation; and

be accompanied by a statutory declaration verifying the information contained in the application.