Adnyamathanha People No 3 Native Title Claim v State of South Australia [2014] FCA 101

FEDERAL COURT OF AUSTRALIA

Adnyamathanha People No 3 Native Title Claim v State of South Australia [2014] FCA 101 Citation: Adnyamathanha People No 3 Native Title Claim v State of South Australia [2014] FCA 101

Parties: RUSSELL COULTHARD and ALWYN HAMILTON McKENZIE ON BEHALF OF THE ADNYAMATHANHA PEOPLE NO 3 NATIVE TITLE CLAIM v STATE OF SOUTH AUSTRALIA, SOUTH AUSTRALIAN NATIVE TITLE SERVICES LTD AND EPIC ENERGY SOUTH AUSTRALIA PTY LTD

File number: SAD 69 of 2010

Judge: MANSFIELD J

Date of judgment: 19 February 2014

Catchwords: NATIVE TITLE – where perpetual leases under Crown Lands Act 1929 (SA) were transferred to Indigenous Land Corporation and then to an Aboriginal corporation – where perpetual leases held by an Aboriginal corporation were surrendered and freehold titles issues to that Aboriginal corporation – whether perpetual leasehold and freehold land were areas to which s 47A of the Native Title Act 1993 (Cth) apply – consideration of meaning of "grant" and "vested" in s 47A(1)(b)(i) – consideration of circumstances in which an Aboriginal corporation expressly holds land on trust etc within meaning of s 47A(1)(b)(ii)

Legislation: Native Title Act 1993 (Cth) ss 10-11, 14-16, 19, 21-44, 47A-47B Federal Court Rules 2011 (Cth) r 38.01 Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth) Aboriginal Councils and Associations Act 1976 (Cth) Corporations (Aboriginal and Torres Strait Islander) Consequential, Transitional and other Measures Act 2006 (Cth) Crown Lands Act 1929 (SA) Aboriginal and Torres Strait Islander Act 2005 (Cth) ss 4, 191B-D, 191F Aboriginal and Torres Strait Islander Commission Act 1989 (Cth) s 191A Native Title Amendment Act 1998 (Cth) Land Fund and Indigenous Land Corporation (ATSIC) Amendment Act 1995 (Cth) Crown Lands Act 1931 Aboriginal Affairs Planning Authority Act 1972 (WA) Land Act 1933 (WA) Associations Incorporation Act 1895-1969 (WA) Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) Aboriginal Lands Trust Act 1966 (SA) Anangu Pitjantjatjara Land Rights Act 1981 (SA) Maralinga Tjaruta Land Rights Act 1984 (SA) Real Property Act 1886 (SA) Land Fund and Indigenous Land Corporation (ATSIC Amendment Act) 1995 (Cth)