Thomas on behalf of the Nukunu People (Area 2) Native Title Claim v State of South Australia [2022] FCA 48

FEDERAL COURT OF AUSTRALIA

Thomas on behalf of the Nukunu People (Area 2) Native Title Claim v State of South Australia [2022] FCA 48 File number: SAD 215 of 2021

Judgment of: CHARLESWORTH J

Date of judgment: 3 February 2022

Catchwords: NATIVE TITLE – application for a determination of native title by consent in respect of part of a claim area – whether the orders sought are within the powers of the Court – whether it is appropriate to make the orders – application granted

Legislation: Australian Telecommunications Corporation Act 1989 (Cth) Native Title Act 1993 (Cth) ss 13, 57, 61, 87, 87A, 94A, 223, 225, 251D Post and Telegraph Act 1901 (Cth) Telecommunications Act 1975 (Cth) Telecommunications Act 1991 (Cth) Telecommunications Act 1997 (Cth) Crown Land Management Act 2009 (SA) s 70 Crown Lands Act 1929 (SA) s 5 Electricity Act 1996 (SA) Fisheries Management Act 2007 (SA) Harbors and Navigation Act 1993 (SA) Landscape South Australia Act 2019 (SA) Local Government Act 1934 (SA) Local Government Act 1999 (SA) Mining Act 1971 (SA) National Parks and Wildlife Act 1972 (SA) Native Title (South Australia) Act 1994 (SA) Native Vegetation Act 1991 (SA) Natural Resources Management Act 2004 (SA) Petroleum and Geothermal Energy Act 2000 (SA) Roxby Downs (Indenture Ratification) Act 1982 (SA) Roxby Downs (Indenture Ratification) (Amendment of Indenture) Amendment Act 2011 (SA)