Coulthard v State of South Australia [2015] FCA 1380

Coulthard v State of South Australia [2015] FCA 1380

The Court was satisfied that the requirements for a consent determination under ss 87, 223, and 225 of the Native Title Act 1993 (Cth) had been met, including recognition of the Adnyamathanha People as native title holders by their traditional laws and customs, the description of land and waters where native title exists or is extinguished, and the proper identification of all other interests and their relationship to native title. The determination is made by consent without trial.

Jurisdiction
Australia
Judgment Date
08 December 2015
Procedural Posture
Native Title Determination / Consent Determination – Final Orders
Outcome
Determination of native title made by consent; native title exists in parts of the Determination Area subject to conditions.
Legal Topics
['native Title Act 1993 (cth)' 'consent Determination' 'application of Ss 87, 87 a, 223, 225, 47 a, 47 B' 'recognition of Rights and Extinguishment' 'traditional Laws and Customs' 'coexistence of Rights']
['native Title'] ['native Title Act 1993 (cth)' 'consent Determination' 'application of Ss 87, 87 A, 223, 225, 47 A, 47 B' 'recognition of Rights and Extinguishment' 'traditional Laws and Customs' 'coexistence of Rights']

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Procedural Posture

Native Title Determination / Consent Determination – Final Orders

Legal Issues

  1. 1 ['Whether the requirements for a consent determination under ss 87 and 87A of the Native Title Act 1993 (Cth) are met' 'Whether the criteria under s 223 and s 225 of the Act for recognition of native title are satisfied' 'Extent of recognition or extinguishment of native title rights in the determination area']

Ratio Decidendi

The Court was satisfied that the requirements for a consent determination under ss 87, 223, and 225 of the Native Title Act 1993 (Cth) had been met, including recognition of the Adnyamathanha People as native title holders by their traditional laws and customs, the description of land and waters where native title exists or is extinguished, and the proper identification of all other interests and their relationship to native title. The determination is made by consent without trial.

Court Disposition

Determination of native title made by consent; native title exists in parts of the Determination Area subject to conditions.

Orders

  • ['Native title exists in the areas described in Schedules 1 and 1A.' 'Native title is extinguished in areas set out in Schedule 2.' 'The native title is not to be held in trust.' 'Adnyamathanha Traditional Lands Association (Aboriginal Corporation) RNTBC to be the prescribed body corporate.' 'Native title rights and...