Lake Torrens Overlap Proceedings (No 3) [2016] FCA 899

FEDERAL COURT OF AUSTRALIA

Lake Torrens Overlap Proceedings (No 3) [2016] FCA 899 File number: SAD 90 of 2009

Judge: MANSFIELD J

Date of judgment: 9 August 2016

Catchwords: NATIVE TITLE – multiple overlapping applications for native title – where findings have been made in favour of each claimant group in respect of an area of land and waters immediately adjacent to and surrounding the claim area – where it is accepted that each claimant group acknowledges and observes a body of traditional laws and customs under which that group possesses rights and interests in and had a connection with an adjacent area of land and waters – whether it is open to the Court to make a determination that two separate claimant groups together as one composite native title claim group have shared common rights – consideration of procedural requirements for claimant application – significance of authorisation procedures NATIVE TITLE – connection – whether rights and interests possessed by any of the three groups, extend to and include all of, or any part of, the claim area – where the claim area is a salt lake not suitable for long term occupation – where there is limited evidence of the historical or contemporary physical use of the claim area – requirement that the Court be satisfied that, the traditional rights and interests (once established) relate to the particular area under consideration – circumstances where the Court may draw inferences in favour of a claimant group in respect of substantial maintenance of connection from sovereignty NATIVE TITLE – evidence – use of evidence concerning use of areas adjacent to the claim area – when evidence of use of areas adjacent to the claim area will be inconsistent with prior determinations of native title – use of ethnographic evidence NATIVE TITLE – proclamation and vesting of national park – category D past act – non-extinguishment principle – consequences of the exercise of Ministerial powers dependent on the exercise of those powers – vesting of the land not wholly inconsistent with some native title rights and interests continuing to exist