Turner v State of South Australia [2011] FCA 1312

Turner v State of South Australia [2011] FCA 1312

The Court was satisfied that the requirements of s 87A of the Native Title Act 1993 (Cth) for a consent determination were met, upon agreement by all parties and rigorous review of the evidence and legal context. The First Peoples of the River Murray and the Mallee Region constituted a recognisable society continuously observing traditional laws and customs, giving rise to native title rights and interests in the Determination Area, which were non-exclusive and subject to specified extinguishment and coexistence with other interests, as detailed in the agreed orders and ILUA. The determination was appropriate and within the Court's power.

Jurisdiction
Australia
Judgment Date
18 November 2011
Procedural Posture
Native Title Determination Application / Consent Determination; Final Determination Without Trial
Outcome
Native title exists in the Determination Area as defined, on a non-exclusive basis, vested in the First Peoples of the River Murray and the Mallee Region; the native title is to be held in trust by the River Murray and Mallee Aboriginal Corporation as prescribed body corporate; the Court makes a consent...
Legal Topics
['consent Determination' 'extinguishment of Native Title' 'indigenous Land Use Agreement (ilua)' 'non Exclusive Native Title Rights' 'statutory and Common Law Extinguishment' 'recognition of Traditional Laws and Customs' 'section 87 a Native Title Act Procedure' 'public Works and Native Title' 'tenure History Analysis']
['native Title' 'indigenous Law' 'property Law'] ['consent Determination' 'extinguishment of Native Title' 'indigenous Land Use Agreement (ilua)' 'non Exclusive Native Title Rights' 'statutory and Common Law Extinguishment' 'recognition of Traditional Laws and Customs' 'section 87 a Native Title Act Procedure' 'public Works and Native Title' 'tenure History Analysis']

Case Brief

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Procedural Posture

Native Title Determination Application / Consent Determination; Final Determination Without Trial

Legal Issues

  1. 1 ['Whether native title exists in the Determination Area under the Native Title Act 1993 (Cth)' 'Whether the requirements of s 87A of the Native Title Act are satisfied for a consent determination' 'Extent of native title rights and interests and their relationship with other interests' 'Whether traditional laws and customs have been maintained by the claimant group' 'Whether the ILUA properly resolves all compensation and liability issues under the Act']

Ratio Decidendi

The Court was satisfied that the requirements of s 87A of the Native Title Act 1993 (Cth) for a consent determination were met, upon agreement by all parties and rigorous review of the evidence and legal context. The First Peoples of the River Murray and the Mallee Region constituted a recognisable society continuously observing traditional laws and customs, giving rise to native title rights and interests in the Determination Area, which were non-exclusive and subject to specified extinguishment and coexistence with other interests, as detailed in the agreed orders and ILUA. The determination was appropriate and within the Court's power.

Court Disposition

Native title exists in the Determination Area as defined, on a non-exclusive basis, vested in the First Peoples of the River Murray and the Mallee Region; the native title is to be held in trust by the River Murray and Mallee Aboriginal Corporation as prescribed body corporate; the Court makes a consent...

Orders

  • ['Native title exists in the areas described in Schedule 1 with exceptions detailed in the determination.' 'The River Murray and Mallee Aboriginal Corporation is the prescribed body corporate to hold native title in trust.' 'The parties have liberty to apply to the Court on notice for various implementation and...