Stuart v State of South Australia (Oodnadatta Common Overlap Proceeding) (No 4) [2021] FCA 1620

FEDERAL COURT OF AUSTRALIA

Stuart v State of South Australia (Oodnadatta Common Overlap Proceeding) (No 4) [2021] FCA 1620 File number: SAD 38 of 2013

Judgment of: WHITE J

Date of judgment: 21 December 2021

Catchwords: NATIVE TITLE – overlapping applications for the determination of native title over Oodnadatta and the surrounding Oodnadatta Common – claimant groups or sub-groups had determinations of native title over the areas adjacent to the Overlap Area – acceptance that by reason of their acknowledgement and observance of their respective traditional laws and customs, each claimant possesses native title rights and interests in the respective adjacent areas – whether the Arabana had, by reason of their continued acknowledgment and observance of their traditional laws and customs, continued to have native title rights and interests in the Overlap Area – whether the Walka Wani had at effective sovereignty native title rights and interests in the Overlap Area – consideration of distinction between "ownership" and "use rights" – whether s 47A applied to certain allotments in the township so that extinguishment could be disregarded. Held: Arabana application dismissed and Walka Wani claim granted.

Legislation: Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) Federal Court of Australia Act 1976 (Cth) s 37AG Native Title Act 1993 (Cth) ss 13, 23B, 47, 47A, 47B, 67, 223, 225, 238, 251D, 253 Racial Discrimination Act 1975 (Cth) Aboriginal Land Trust Act 1977 (SA) Associations Incorporation Act 1985 (SA)