Dodd v State of South Australia [2012] FCA 519

Dodd v State of South Australia [2012] FCA 519

The requirements of s 87 and s 225 of the Native Title Act 1993 (Cth) are satisfied, as the parties reached agreement supported by thorough expert and historical evidence as to the Arabana people's continued observance of traditional laws and customs, group membership, and connection to country; and as all necessary procedural and substantive steps have been followed, a consent determination of non-exclusive native title over the determination area is appropriate and should be made.

Parties
Applicant: Reginald Dodd; Applicant: Laurie Stuart (Deceased); Applicant: Millie Warren; Respondent: The State of South Australia; Respondent: Commonwealth of Australia; Respondent: South Australian Native Title Services Inc; Respondent: Kuyani People; Respondent: Dieri People; Respondent: Australian Wildlife Conservancy; Respondent: Tony Boyd; Respondent: Andrew Trevor Clarke; Respondent: Macumba Pastoral Company Pty Ltd; Respondent: Muloorina Station; Respondent: Strangways Springs Pty Ltd; Respondent: Blanusa Opals Pty Ltd; Respondent: Laura Holdings Pty Ltd; Respondent: Alfonz Nagyszollosi; Respondent: Mary M Nagyszollosi; Respondent: Oz Minerals Prominent Hill Operations Pty Ltd; Respondent: Scorpion Exploration Pty Ltd; Respondent: Tasman Resources Ltd; Respondent: BHP Billiton Olympic Dam Corporation Pty Ltd; Respondent: Telstra Corporation Limited; Respondent: Termite Resources N.L.; Respondent: South Australian Apiarists Association Inc
Jurisdiction
Australia
Judgment Date
22 May 2012
Procedural Posture
Native Title Consent Determination / Final Determination by Consent, No Trial
Outcome
Consent determination of non-exclusive native title in favour of the Arabana people over the determination area. Certain areas excluded or subject to extinguishment/suppression.
Legal Topics
Consent Determination, Requirements Under S 87 Native Title Act 1993 (cth), Recognition of Native Title, Non Exclusive Native Title Rights, Extinguishment, Indigenous Land Use Agreements
Native Title Administrative Law Consent Determination Requirements Under S 87 Native Title Act 1993 (cth) Recognition of Native Title Non Exclusive Native Title Rights Extinguishment Indigenous Land Use Agreements

Case Brief

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Parties

Reginald Dodd

Applicant

Laurie Stuart (Deceased)

Applicant

Millie Warren

Applicant

The State of South Australia

Respondent

Commonwealth of Australia

Respondent

South Australian Native Title Services Inc

Respondent

Kuyani People

Respondent

Dieri People

Respondent

Australian Wildlife Conservancy

Respondent

Tony Boyd

Respondent

Andrew Trevor Clarke

Respondent

Macumba Pastoral Company Pty Ltd

Respondent

Muloorina Station

Respondent

Strangways Springs Pty Ltd

Respondent

Blanusa Opals Pty Ltd

Respondent

Laura Holdings Pty Ltd

Respondent

Alfonz Nagyszollosi

Respondent

Mary M Nagyszollosi

Respondent

Oz Minerals Prominent Hill Operations Pty Ltd

Respondent

Scorpion Exploration Pty Ltd

Respondent

Tasman Resources Ltd

Respondent

BHP Billiton Olympic Dam Corporation Pty Ltd

Respondent

Telstra Corporation Limited

Respondent

Termite Resources N.L.

Respondent

South Australian Apiarists Association Inc

Respondent

Procedural Posture

Native Title Consent Determination / Final Determination by Consent, No Trial

Legal Issues

  1. 1 Whether the requirements under s 87 of the Native Title Act 1993 (Cth) are met for a consent determination of native title.
  2. 2 Whether the Arabana people are entitled to recognition of non-exclusive native title rights under the Native Title Act 1993 (Cth).
  3. 3 Whether the proposed orders set out details required by s 225 of the Native Title Act.

Ratio Decidendi

The requirements of s 87 and s 225 of the Native Title Act 1993 (Cth) are satisfied, as the parties reached agreement supported by thorough expert and historical evidence as to the Arabana people's continued observance of traditional laws and customs, group membership, and connection to country; and as all necessary procedural and substantive steps have been followed, a consent determination of non-exclusive native title over the determination area is appropriate and should be made.

Court Disposition

Consent determination of non-exclusive native title in favour of the Arabana people over the determination area. Certain areas excluded or subject to extinguishment/suppression.

Orders

  • The Arabana people are determined to hold non-exclusive native title rights and interests over the described determination area.
  • Specific rights and interests, limitations, and relationships with other interests are set out in the determination.